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Aggressive panhandling
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Aggressive panhandling is a legal term in some countries and jurisdictions, such as the United States, for unlawful forms of public begging. Proponents of such legislation advocate placing limits on these activities. Some opponents believe statutes prohibiting aggressive panhandling are part of the "criminalization of homelessness" and argue that such laws are discriminatory or unevenly enforced.
Description
[edit]In general, aggressive panhandling is a solicitation made in person for immediate donation of money or other gratuity.[citation needed] This may be done by vocal appeal (asking, requesting, coercing (badgering), sympathy appeals, harassment, threats, or demands) or by nonvocal appeal (usage of signs or other signals gestures, postures, children, animals, or props such as toys and musical instruments).[citation needed] It is a habitual manipulative, coercive, or intimidatory use of another individual's sympathy, fear, guilt, or insecurity for monetary gain.
Aggressive panhandling as a social problem
[edit]Helen Hershkoff claims legal restrictions on panhandlers' activities are "unconstitutionally vague, overbroad and deprive the homeless of their right to free speech".[1]
Conversely, Roger Conner asserts that
"Aggressive begging is not common panhandling. It is uncommon panhandling, a type of harassment bordering on extortion that is practiced by a minority of street people."[1]
Aggressive panhandling in US law
[edit]The definition of aggressive panhandling is given by city and county ordinances as well as state statutes.
For example, according to the Bloomington, Indiana website, panhandling is "a growing social and public safety concern faced by cities of all sizes, including Bloomington. Many panhandlers passively ask for money or hold a sign. Others are much more aggressive, making noise, sometimes repeated demands and choose to solicit in places that are particularly intimidating such as near automated teller machines, in a restroom or near your car. This is considered aggressive panhandling and in Indiana it is against the law."[2]
Constitutional lawyers, including but not limited to the American Civil Liberties Union, have secured a series of court decisions confirming their view that the First Amendment of the United States Constitution protects activities which some local ordinances have attempted to proscribe as illegal panhandling. In response, many jurisdictions have responded by narrowing the definition of illegal panhandling. The generally accepted terminology is to denominate such activity as aggressive panhandling.
In 1991 and 1992, federal courts overturned New York and California state laws that made aggressive panhandling illegal. It was observed that "Groups and individuals all over the United States engage in highly public fundraising for all sorts of causes and charities."[citation needed]
Restrictions defining solicitation or panhandling as aggressive regard both manner and context. A typical ordinance is one from Longview, Washington:
9.23.030 Place of panhandling – Violation. It shall be unlawful for any person to panhandle when the person solicited is in any of the following places within the city limits of Longview, Washington:
- At any bus stop; or
- In any public transportation vehicle or facility; or
- In any vehicle on a street or on a driveway providing ingress or egress to a street where such driveway is open to the general public; or
- Within 50 feet of any automated teller machine (ATM); or
- On private property, unless the panhandler is in physical possession of written permission from the owner or lawful occupant thereof. (Ord. 3051 § 2, 2008).
9.23.040 Manner of panhandling – Violation. It shall be unlawful for any person to panhandle in any of the following manners:
- By intentionally coming within three feet of the person solicited, unless that person has indicated that he or she does wish to make a donation; or
- By intentionally obstructing the path of the person or vehicle of the person solicited; or
- By intentionally obstructing the passage through the entrance or exit of any building; or
- By soliciting anyone under the age of 16; or
- By following a person who walks away from the panhandler, if the panhandler’s conduct is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; or
- By using profane or abusive language, either during the solicitation or following a refusal. (Ord. 3051 § 2, 2008).[3]
Panhandling restrictions
[edit]Canada
[edit]The province of Ontario introduced its Safe Streets Act in 1999 to restrict specific kinds of begging, particularly certain narrowly defined cases of "aggressive" or abusive panhandling.[4] In 2001 this law survived a court challenge under the Canadian Charter of Rights and Freedoms.[5] The law was further upheld by the Court of Appeal for Ontario in January 2007.[6]
France
[edit]By law n° 2003-239 of 18 March 2003, "aggressive begging" (mendicité agressive), i. e. soliciting others to hand over of money, valuables or any property on a public thoroughfare in a group in an aggressive manner, or with the threat of a dangerous animal, is punished by up to six months' imprisonment and by a fine up to €3750.[7]
Norway
[edit]Since 2006, begging or panhandling is no longer a criminal offense in Norway. Annoying and aggressive begging may, under certain circumstances, be subject to provisions regarding refusal, removal, and expulsion as stipulated in section 7 of the Police Act, as well as various provisions in the Penal Code: disturbing the peace (§350), reckless behavior (§390a), coercion (§222), threats (§227), and fraud (§270).[8]
Poland
[edit]Code of petty offences in Article 58 § 2. Who begs in public in a pressing or fraudulently, shall be punishable by detention or restriction of liberty.[9]
South Africa
[edit]Begging on street corners is illegal in South Africa although not enforced.[10]
United Kingdom
[edit]Although begging is illegal, it does not carry a jail sentence/punishment under the Vagrancy Act 1824. However, individual aggressive beggars may be subject to court injunction[11] and jail.[12]
United States
[edit]In 2004, the city of Orlando, Florida, passed an ordinance (Orlando Municipal Code section 43.86) requiring panhandlers to obtain a permit from the municipal police department. The ordinance further makes it a crime to panhandle in the commercial core of downtown Orlando, as well as within 50 feet of any bank or automated teller machine. It is also considered a crime in Orlando for panhandlers to make false or untrue statements, or to disguise themselves, to solicit money, and to use money obtained for a claim of a specific purpose (e.g. food or bus fare) to be spent on anything else (e.g. cigarettes or alcoholic beverages). This section was repealed in 2017.[13]
In Baltimore, Maryland, several non-profits have been working with the "squeegee kids" to get them off the streets instead of the police having to enforce the law and have the teens arrested.[14][15]
See also
[edit]References
[edit]- ^ a b Hershkoff, Helen; Conner, Roger (June 1993). "Aggressive panhandling laws" (PDF). ABA Journal. 79: 40–41. Archived from the original (PDF) on 24 September 2015. Retrieved 23 February 2011.
- ^ "Bloomington, Indiana Website". Archived from the original on 16 June 2013. Retrieved 17 June 2013.
- ^ "Longview Panhandling Code on Code Publishing.com". CodePublishing.com. Retrieved 17 June 2013.
- ^ "Safe Streets Act". Government of Ontario. 1999. Archived from the original on 2 September 2006. Retrieved 29 September 2006.
- ^ "'Squeegee kids' law upheld in Ontario". CBC News. 3 August 2001. Retrieved 29 September 2006.
- ^ "Squeegee panhandling washed out by Ontario Appeal Court". CBC News. 17 January 2007. Archived from the original on 21 July 2012. Retrieved 19 March 2007.
- ^ French penal code, article 312-12-1.
- ^ "Tigging - Lovdata". lovdata.no. Lovdata. Retrieved 8 August 2023.
- ^ Act Of 20 May 1971 The Code Of Offences
- ^ info.gov.za Archived 28 March 2012 at the Wayback Machine
- ^ Bunyan, Nigel (22 August 2003). "Beggar ban may spark nationwide crackdown". The Daily Telegraph. London.
- ^ Stokes, Paul (12 August 2003). "Council in legal move to jail £60-a-day beggar". The Daily Telegraph. London.
- ^ "Orlando, Florida - Code of Ordinances / Chapter 43 - MISCELLANEOUS OFFENSES". Municode. Retrieved 18 February 2022.
- ^ "Squeegee collaborative working to better the lives of youth squeegee workers". www.wmar2news.com. 27 December 2022. Retrieved 28 December 2022.
- ^ "A better way for Baltimore to help its 'squeegee kids'". Washington Post. Retrieved 28 December 2022.
External links
[edit]
Media related to Aggressive panhandling at Wikimedia Commons- Bose, R; Hwang, SW (September 2002). "Income and spending patterns among panhandlers". CMAJ. 167 (5): 477–9. PMC 121964. PMID 12240813.
Aggressive panhandling
View on GrokipediaDefinition and Characteristics
Core Definition
Aggressive panhandling constitutes a coercive variant of public solicitation for money, goods, or services, characterized by tactics designed to intimidate or pressure potential donors rather than merely requesting aid passively.[5] This form of begging typically involves persistent demands after initial refusals, verbal confrontations including name-calling or threats, physical actions such as blocking pathways or non-consensual touching, and gestures likely to induce fear in the solicited individual.[14] [15] Unlike passive panhandling, which relies on signs or quiet appeals without intrusion, aggressive variants escalate to implied or overt menaces, potentially crossing into criminal territory when they impede movement or employ force.[16] [5] Legal definitions in U.S. municipalities often codify these elements to distinguish regulable conduct from protected speech, prohibiting actions like following pedestrians, soliciting within specified distances of ATMs or banks (e.g., 5-20 feet), or persisting in restricted public areas such as bus stops or transit vehicles.[15] [17] Violations are frequently classified as misdemeanors punishable by fines up to $500, reflecting efforts to balance public safety against First Amendment concerns.[18] Such ordinances, upheld in courts when narrowly tailored to aggressive behaviors, aim to mitigate disruptions in urban environments where complaints about fear and harassment have prompted enforcement initiatives, as seen in cities like Dallas and Fort Worth since the early 2000s.[19] [16]Distinction from Passive Panhandling
Passive panhandling generally involves non-confrontational solicitation, such as an individual sitting or standing in a public space with a sign, cup, or extended hand, requesting donations without verbal pressure, threats, or physical intimidation.[5][2] This form relies on voluntary giving and avoids direct engagement that could be perceived as coercive.[16] In contrast, aggressive panhandling incorporates elements of intimidation or persistence that escalate beyond mere request, including following potential donors, blocking pathways, using abusive or menacing language, making repeated demands after initial refusal, or implying threats of harm.[14][20][16] For instance, municipal ordinances in cities like Thousand Oaks, California, explicitly define aggressive behaviors as those involving unwanted physical contact or coercive approaches that hinder free passage.[20] This distinction hinges on the presence of coercive tactics that undermine public safety and comfort, differentiating it from the passive variant's reliance on passive visibility.[21] Legally, the boundary often aligns with First Amendment protections in the United States, where passive solicitation may qualify as protected expressive speech absent disruption, while aggressive forms can be regulated or prohibited as they involve unprotected conduct like threats or obstruction.[16] Court rulings, such as those evaluating ordinances post-Reed v. Town of Gilbert (2015), emphasize content-neutral restrictions targeting aggressive behaviors to avoid overbreadth that might criminalize passive requests.[22] Empirical observations from urban policing guides note that while most panhandling remains passive, aggressive incidents correlate with higher public complaints and perceived safety risks.[9]Common Tactics and Examples
Aggressive panhandling employs coercive and intimidating methods to solicit donations, often escalating beyond verbal requests to actions that induce fear or discomfort in targets. These tactics frequently involve persistence, threats, or physical intrusion, as documented in law enforcement guidelines and problem-oriented policing analyses.[5] Common tactics include:- Persistent following or approaching after refusal: Panhandlers trail pedestrians or drivers who decline to give money, continuing demands despite clear rejection, which can corner individuals in confined spaces like sidewalks or parking lots.[5]
- Threats or menacing gestures: Use of overt threats of harm, implied intimidation through body language (e.g., invading personal space aggressively), or veiled warnings like "you'll regret not helping," aimed at coercing compliance.[14][5]
- Abusive or profane language: Yelling insults, name-calling, or employing lewd gestures while demanding funds, often to shame or provoke targets into donating to end the confrontation.
- Physical obstruction or contact: Blocking pathways, touching without consent (e.g., grabbing arms or vehicles), or surrounding targets in groups to impede movement and create a sense of entrapment, potentially escalating to robbery if force is applied.[5]
- Repeated demands post-donation or dismissal: Continuing to solicit even after a target provides money or explicitly asks to be left alone, exploiting perceived vulnerability to extract more.
