Denver took the first step Wednesday toward clamping down on panhandlers with initial approval of three new ordinances that limit beggars’ activities but also restrict how and when police can arrest them.
The City Council’s safety committee endorsed measures to prohibit beggars from sitting or lying down in downtown Denver, stepping out into traffic or approaching diners at outside restaurant tables. But police would not be able to arrest violators without first giving them a warning or attempting to connect them with mental-health or substance-abuse counselors.
The proposals are the city’s first attempt at restricting the homeless with enforceable laws since Mayor John Hickenlooper’s 10-year plan to end homelessness was endorsed by the council in October.
“Arrest would be the last resort,” said Councilwoman Elbra Wedgeworth, who sponsored the “sit and lie” ordinance.
Assistant City Attorney David Broadwell said the restrictions on police were based on a Philadelphia ordinance covering “quality of life” crimes. “This is a very different approach. In most criminal violations, you cite the guy or arrest him,” he said.
The “sit and lie” ordinance, lobbied for heavily by the Downtown Denver Partnership, would make it illegal for anyone to sit or lie on any sidewalk or public right of way in the downtown area between 7 a.m. and 9 p.m. It also would prohibit sitting or lying on stools, chairs, bedding or any object placed on a public right of way in an area bounded roughly by Speer Boulevard, Colfax Avenue, Grant Street, 20th Avenue and Wewatta Street.
Advocates for the homeless successfully lobbied to include specific wording governing police response. The ordinance would require that police first ask the person to move on, then issue a written warning that the person could be arrested. If the officer determines that the offender may be suffering from physical, mental or substance- abuse problems, the officer must attempt to locate a counselor or outreach worker. If all this fails, then the officer may issue a ticket or arrest the person.
“We just don’t want these people criminalized,” said John Parvensky, president of the Colorado Coalition for the Homeless.
Another proposed ordinance, dubbed “aggressive panhandling,” would prohibit any type of solicitation or sales by stepping out onto the traveled portion of a street, from any median or on any highway including entrance and exit ramps. Beggars could remain on sidewalks and other areas not normally used by moving vehicles.
The third proposed ordinance about “captive audiences” would prohibit panhandling within 20 feet of any outdoor patio where food or drink is served. The city already has bans on panhandling near automated teller machines and transit stops. Wedgeworth said she didn’t expect much resistance to the proposals, which could be voted into law within three weeks.
Seattle has a similar “sit and lie” ordinance, which was upheld by the 9th U.S. Circuit Court of Appeals in a challenge that it violates the First Amendment. Denver’s ordinance copies Seattle’s list of exceptions, such as watching parades, medical emergencies, disabilities or using a bench provided by the city.
The Police Department lobbied to get the enforcement wording removed and substituted with a nonbinding “memo of understanding” that police would enforce it basically the same way. But Wedgeworth said she put the wording back in Wednesday morning out of sensitivity to homeless advocates.
“We worked very hard to have these enforcement protocols included in the ordinance because they were adopted as part of the mayor’s plan and also to ensure that there are alternatives for people who might be forced to sit or lie on the streets,” said Parvensky.
Police Cmdr. Deborah Dilley, whose District 6 covers downtown, said she is comfortable with the enforcement wording. “We’re more concerned with just getting the law on the books,” she said. “I don’t predict much of an increase in arrests.”
Hickenlooper’s acting chief of staff, City Attorney Cole Finegan, said his office worked hard on the crafting of the “sit and lie” ordinance and is comfortable with it. On the two others, “We’ll be looking at them to make sure they’re balanced for civil liberties,” he said.
Staff writer Mike McPhee can be reached at 303-820-1409 or mmcphee@denverpost.com.
