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<DIV>As an opening disclaimer, I am not a resident of Urbana. I do agree
with Danielle on her two reasons for opposing such an ordinance and I am sure
that there are other equally applicable reasons for opposing the
ordinance. </DIV>
<DIV> </DIV>
<DIV>However, the point that I find very interesting in this and similar
ordinances across the country are clauses like “...panhandling near an ATM or
bank <EM>or on private property if asked not to or a sign is posted (italics
mine)</EM>. The italicized phrase lumps together and fails to distinguish
between truly private property, such as a residence, and quasi-public private
property, such as a mall. I think that this is a distinction that should
be recognized and differentiated in any ordinance with the regulation of said
quasi-public private property not being left to the discretion of the property
owner but coming under the same regulation as applies to public property.
Giving the owner of quasi-public private property the right to determine who can
and who cannot panhandle (or do anything else for that matter) opens the
quasi-public private property up for discriminatory behavior that favors persons
and groups that the owner supports and against those that they disagree with in
an arbitrary and capricious manner. These quasi-public private properties
are not all that much different from restaurants and privately owned public
transportation depots which under the civil rights laws could not discriminate
even though they may have been private property given their quasi-public
functions. Given that the businesses that are located in malls and other
quasi-public private facilities rely on interstate commerce to receive and
possibly ship goods, are likely to contain governmentally regulated and licensed
businesses like hair and nail salons, outlets that sell and serve liquor, places
that serve food and drink, and often received some form of governmental
subsidies and tax breaks or incentives when they were built (and sometimes
continue to do so after they are built), federal. state, local, and/or
municipal governmental bodies have every right to impose standardized
regulations on the malls and the businesses that decide to locate in them just
as civil rights laws, health and sanitation codes, etc. are imposed on food
service and drinking establishments.</DIV>
<DIV> </DIV>
<DIV>I would say that in such quasi-public private properties, aggressive (or
even non-aggressive) panhandling should be totally permitted or totally
prohibited by everyone in accordance with the statutes that regulate public
properties and that the owners of said quasi-public private properties should
not be able to determine who can and who cannot panhandle on their
properties. </DIV>
<DIV> </DIV>
<DIV>Just my two cents.</DIV>
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<DIV> </DIV>
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<DIV style="font-color: black"><B>From:</B> <A title=chyn@ojctech.com
href="mailto:chyn@ojctech.com">Danielle Chynoweth</A> </DIV>
<DIV><B>Sent:</B> Monday, July 25, 2011 12:09 AM</DIV>
<DIV><B>To:</B> <A title=discuss@lists.communitycourtwatch.org
href="mailto:discuss@lists.communitycourtwatch.org">C-U Citzens for Peace and
Justice</A> ; <A title=announce@communitycourtwatch.org
href="mailto:announce@communitycourtwatch.org">Court Watch</A> ; <A
title=peace-discuss@lists.chambana.net
href="mailto:peace-discuss@lists.chambana.net">peace discuss</A> ; <A
title=ucprogressives@lists.ucimc.org
href="mailto:ucprogressives@lists.ucimc.org">ucprogressives@lists.ucimc.org</A>
</DIV>
<DIV><B>Subject:</B> [Peace-discuss] Don't discriminate against the poor: Picket
@ 6pmCouncil mtg @ 7pm</DIV></DIV></DIV>
<DIV> </DIV></DIV>
<DIV
style="FONT-STYLE: normal; DISPLAY: inline; FONT-FAMILY: 'Calibri'; COLOR: #000000; FONT-SIZE: small; FONT-WEIGHT: normal; TEXT-DECORATION: none">Dear
friends and neighbors,<BR><BR>Council will be discussing the anti-panhandling
ordinance again TODAY Monday, July 25th.<BR><BR>I just received word that there
will be an<B> informational picket at 6 pm</B> opposing the bill outside council
chambers. The <B>council will meet at 7 pm </B>and will take public input at
that time.<BR><BR>After hearing from dozens of opponents and receiving a
petition with 300+ signatures, council is now divided on whether to kill the
bill or make revisions.<BR><BR>The latest version would ban aggressive
panhandling, panhandling in a group of two or more, and panhandling near an ATM
or bank or on private property if asked not to or a sign is posted.
<BR><BR>See the revised ordinance here: <BR>
<DIV class=gmail_quote><A
href="http://urbanaillinois.us/sites/default/files/attachments/ordinance-2011-07-099.pdf"
target=_blank>http://urbanaillinois.us/sites/default/files/attachments/ordinance-2011-07-099.pdf</A><BR><BR>I
continue to oppose this ordinance despite revisions for two reasons:<BR><BR>1)
The city has not yet answered how existing city laws against assault, battery,
trespassing, and loitering are inadequate addressing the concerns.
<BR><BR>2) Any ordinance they pass must separate aggression from asking
for money. Targeting panhandling makes the law clearly about discriminating
against the poor rather than merely stopping aggression. Laws should apply to
everyone regardless of their economic status. <BR><BR><B>Please show up Monday
at 400 S. Vine St at 6pm to join the picket and 7pm to voice your ideas,
concerns and ensure accountability on a vote.</B> Take a yellow slip at the back
of the chambers, fill it out to speak or register your opposition, and turn it
into the city clerk.<BR><BR>thanks!<BR><FONT
color=#888888>Danielle<BR></FONT></DIV><BR>
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