[Dryerase] panhandling ordinance hits Asheville

[Shawn G]

Asheville Global Report
WWW.AGRNews.org

Reprinting permitted for non-profit use and to the members of the Dryerase 
news wire.

New, stricter panhandling ordinance hits Asheville

By Liz Allen

Asheville, North Carolina, Nov. 19 (AGR)—  Asheville Chief of Police Will 
Annarino presented a proposed anti-begging, sleeping outdoors ordinance at 
approximately 10:30pm at the Asheville City Council meeting on Tuesday, Nov. 
12. The ordinance was passed unanimously by city council members despite 
requests from a vocal majority of citizens at the meeting asking the council 
to seek more community-oriented solutions to the area’s homelessness problem 
instead of resorting to legal measures.
All types of solicitation are now illegal in the central downtown area, 
including those of the Salvation Army, the Girl Scouts, and street musicians 
with open guitar cases or hats asking for tips. Although inquired about by 
council members Holly Jones and Jim Ellis, permits are unlikely to be a 
possible alternative for such groups. According to city attorneys, it is 
necessary to ban all forms of solicitation to avoid an unconstitutional 
restriction on speech content.
Bruce Elmore, representing the WNC American Civil Liberties Union (ACLU) at 
the council meeting, called the criminalization of begging or sleeping in 
public an infringement on First Amendment freedom of speech and assembly 
rights. In the judiciary, restrictions on the content of speech must survive 
a “strict scrutiny” review — meaning that in order to pass constitutional 
muster, a compelling government interest must be present. Elmore stated he 
felt the court would find attractiveness to tourists and the free flow of 
pedestrian traffic to be important but not compelling governmental 
interests.
Council members expressed interest in expanding the ordinance to other 
sections of Asheville, such as Montford and Tunnel road. However, the city 
attorney felt this would not be legally possible. The ordinance was 
specifically tailored to only apply to the central downtown area in order to 
fit current constitutional restrictions on “time, place, and manner.”
Selective enforcement was a concern voiced by members of the public and 
reiterated by Councilperson Brian Peterson. “I know if the Chief [Annarino] 
saw a criminal offense he would give a ticket.”
Asheville resident Allie Morris expressed doubt that she would receive a 
citation if she were caught short of money and asked a stranger for change 
“because I’m a cute little white girl who appears to have a job and a house 
and it’s socially acceptable for me to exist.”
In response to predictions of selective enforcement, the city attorney 
pointed out that the term is “prosecutorial discretion” and it is common 
police practice.
In supporting the bill, several council members expressed their feelings 
that the homeless issues should be addressed by organizations such as 
churches and shelters.
Council woman Holly Jones, in a teary-eyed statement supporting the 
ordinance, stated that by choosing downtown establishments for dining out 
and gift-buying she supports downtown with her checkbook. Additionally, she 
was horrified when she heard that two homeless people died in a fire “two 
blocks away from my front door.” She asked that in passing the ordinance, 
initiative should be taken to create a social justice task force, $20,000 
should be given to the AHOPE shelter to expand its hours to Saturdays, and 
that the city create more public restrooms.
The issues of restrooms and money were postponed for further decision.
Concil member Joe Dunn expressed doubt and concern over giving the shelter 
money, saying it could cost money that should be used for public restrooms.
A variety of groups and citizens were represented at the meeting, the 
majority speaking against the ordinance. Martha Are, co-chair of a local 
homeless coalition and director of area shelter, the Hospitality House, 
pointed out that on any given night in Asheville there are a hundred people 
more than the local shelters can accommodate.
“If this ordinance passes as is, I don’t know what to tell people when we 
close,” said Are. “The sick joke is Immodium AD and No Doz.”
Are said most people on the street want to be law-abiding but don’t have a 
choice when it comes to basic bodily functions.
A representative from Helpmate, a local shelter for battered women, compared 
the ordinance’s rigid control over another person’s right to sleep or 
relieve themselves to cases of domestic abuse.
“The abuser sets up the rules of the rules such that the rules have elements 
of living that the abused can’t possibly live up to,” offered the 
spokesperson.
In presenting the ordinance, Chief Annarino stated that he felt the 
ordinance is necessary to eliminate street nuisances that impact traffic and 
tourism. He made the claim that people give panhandlers money because they 
are afraid of what might happen if they refused. He also expressed the 
belief that panhandlers have prior criminal records and may use the money to 
buy drugs or alcohol.
In a phone interview, Annarino explained that the violation of the ordinance 
is a Class III misdemeanor, not subject to jail time but carries a $50­500 
fine decided on by a judge. He said before citations are issued, the APD’s 
first task is to educate people on the ordinance; talking to homeless 
advocates, churches, the shelters and the people staying in them.  Annario 
said outreach to the general public is also necessary to “Let those folks 
know that they are literally contributing to a crime if they give people 
money.” Other forms of education will include giving individual warnings 
“which we do a lot of anyway; generally, anyone who is cited has had several 
warnings.”
“Its time that the silent majority be spoken for,” said Dunn in support of 
the ordinance.
Councilman Dunn criticized the ACLU as a special interest group, accusing 
them of being silent on constitutional issues like school prayer and rights 
to arms and uninterested in the rights of the majority.
“Poverty is not an excuse for disobeying and disrespecting the laws of this 
country, ” Dunn admonished, claiming those present  could vote him and his 
fellow council members out if unhappy with their decisions.
The council meeting lasted seven hours and was adjourned at 12:15 am on 
Wednesday morning, the ordinance issue being discussed last, after several 
public hearings for development issues.
A demonstration was held against the anti-loitering law on Friday, Nov. 15. 
A group of around 50 people sat on the Buncombe County Courthouse steps for 
about an hour and then began overusing the crosswalk on College Street to 
gain attention.



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