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City Council introduces panhandling laws

Six Durango medians could be off-limits

Two proposed city laws intended to limit panhandling have been scaled back.

One law would prohibit anyone from standing in certain medians, and the other would prohibit aggressive panhandling.

The laws were introduced Tuesday at Durango City Council, two weeks after the board heard passionate comments from members of the business community about panhandlers who have become a deterrent for businesses and, in some cases, have been rude.

The time for public comments was extended, and the proposed laws were revised based on concerns from councilors about the clarity of the ordinances.

Panhandling has become more visible in town since the city stopped enforcing its blanket law against all loitering for purposes of panhandling. The American Civil Liberties Union sent the city a letter, pointing out the law violated freedom of speech.

Since then, more people have been asking for help in medians along Main Avenue and in other public places.

City Attorney Dirk Nelson first suggested a blanket law against standing in all city medians. But Councilor Dick White raised concerns about how this law could prevent residents along East Third Avenue lighting luminarias in the median and other safe uses.

The revised law lists six medians where loitering would not be allowed.

This would include medians near Camino del Rio, Walmart, Albertsons, Home Depot, the intersection of U.S. highways 160 and 550 and the intersection of Colorado Highway 3 and Santa Rita Drive.

Police Chief Jim Spratlen said the proposed median ordinance would address safety issues raised by panhandlers stepping into traffic to receive handouts.

“Vehicles will stop on a green moving traffic light blocking traffic,” he said.

He said this contributes to road rage, and someone could be hurt stepping into traffic.

Mayor Dean Brookie lauded the law for being fair as written.

“It applies to Girl Scouts, politicians and panhandlers,” he said.

The law to limit aggressive panhandlers would prohibit a panhandler from touching anyone, following anyone, speaking fighting words and blocking someone’s way.

But it would not address panhandling to a captive audience, for example, near an ATM or near a line for tickets at a theater. This was previously discussed by the city as an option.

In addition, the city is starting a coalition of nonprofits and other community partners to work on a more permanent solution to the homeless problem in town outside of police action, Town Manager Ron LeBlanc said.

As the city wrestles with the issue, Councilor Sweetie Marbury called on the community not to give directly to solicitors on the street.

“Don’t give money to any panhandlers; give it to your local churches, your Salvation Army,” she said.

mshinn@durangoherald.com

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