The Legal Rights of the Non-Aggressive Panhandler

by Staff Writer

Dear Indigent Litigant,

I am living on very low income. I am struggling to maintain a van, which I use for necessary travel, as well as to get to the doctor and have assisted others in the
same way.

Occasionally I have had the need to ask people for money in shopping centers--I guess it is called "panhandling". My own feeling, as well as several court
decisions, is that the first amendment allows freedom of speech. Courts have pointed out that ones financial needs and need for help from others is important
communication.

I'm familiar with what "aggressive panhandling" basically means, and do not engage in that.

A few questions:

Can the police violate the law and arrest you for "non-aggressive" panhandling, and basically say "see you in court" if you suggest the law is on your side? What
in practice do they do?

Could a person E-mail organizations asking for financial help?

Are there any new changes?

I would appreciate your take on these questions. The laws in the past have been discriminatory against the poor and homeless.

I do have some past court decisions that I would be happy to share with you or anyone else who could benefit.

Keep up the good work--you are all correct that decisions on handling homelessness and low income should include the people who live it every day. Dee and
Tiny are GREAT.

Thank You.

Sincerely,

Jeff S.

Dear Jeff : Thank you for your letter dated Nov 8th. Tiny and Dee say hello .With regards to some of your questions it plays a very big roll depending on what city or state you live in. In San Francisco we a have a police municipal code 120 that actually prohibits officers from telling people to" move on". This is found in the San Francisco Police Departments General Orders under panhandling. Also the officer has to view the panhandling and ask the person being asked for money if the person is disturbing or bothering them. And unless the citizen approaches a police officer for assistance the police officers is not allowed to approach the panhandler directly. Again each city can have their own laws on this practice and the only good challenge is a federal challenge on constitutional grounds.

As I had stated in my story if you are not in violation of a law or ordinance then the police really can not touch you. If a local panhandling ordinance exists in your community you should familiarize yourself with it so you are not in violation. If no law exists then follow the state on guidelines for loitering,tresspassing as well if any covering panhandling. A short note on your court cases: If they are from California and this is where you live great ,if not and they were not heard from in a federal court than they have no jurisdictional standing in another state. My editor though would like to see what you have so please send them.

Usually any organization that gives out money usually does so to a non-profit organization or through some type of scholarship or grant program attached to a vocational school or University. As an example poor magazine gives no money to individuals, groups or associations of any kind because again, we are poor.

I have a friend here in San Francisco who went to City Hall and got a sellers permit.
This is the type that the street vendors are required to get to sell their wares down on the waterfront. So when he is approached by the police for panhandling or solicitation he advises the police he is dispensing advice and information and any revenue received is a "donation" to his company and is perfectly legal by law. It should be noted any prohibition on my friend to gather revenue in this matter is illegal since he is by law an authorized vendor and has a permit to "sell" (homelessness) or anything else he wants.

I hope this bit of info helps in your quest. Having a moving home is sometimes more difficult than a shelter. You are watched more because after a day or so you just stand out from the crowd as a "newbie" (new person in the area) and residents watch were you are going so if you don’t want to be discovered you have to be continuously moving your vehicle to avoid security or your friendly neighborhood watch block Captain

A very important story about panhandling from the POOR Magazine perspective is an article entitled is panhandling work? Volume 3 The WORK issue available on-line at: http://www.poormagazine.org/index.cfm?L1=news&story=309#results

Sincerely,

The Indigent Litigant