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Panhandling

Proposed city rules seem reasonable, but Councilor Marbury has real answer

The city of Durango took another stab at dealing with Durango’s growing population of panhandlers at Tuesday night’s City Council meeting. The proposed new rules seem greatly improved and probably workable. The best solution, however, was offered by City Councilor Sweetie Marbury and a campaign to support how her thinking should be implemented along with the proposed new regulations.

The fundamental problem with panhandling is twofold: On the one hand, many locals and businesses do not want unkempt characters panhandling around them or their customers; on the other, everybody has to be somewhere, and the Constitution guarantees freedom of speech – even if that speech boils down to give me money.

It appears to be a classic constitutional conundrum. It seemingly pits society’s fundamental right to insist upon a level of decorum and public order consistent with safety and commerce with individuals’ rights to live their lives as they see fit.

And, in some respects, it comes down to exactly that. In other ways, however, the issues are less obvious.

For one thing, the terms “panhandler” and “homeless” are not synonymous. “Panhandler” means nothing more than one who engages in a particular kind of behavior – begging.

The term “homeless,” however, has come to be used to describe an entire constellation of people that may have little, or nothing, in common, except for the lack of permanent shelter. Many are troubled by mental-health or substance-abuse problems. Some have lost jobs, families or their homes and are simply on their way to somewhere where they perceive greater opportunity. Some have (as have we all) made a poor choice in one way or another. Some have fallen on bad luck, pure and simple. Many, if not most of the “homeless” are well-deserving of our help.

How many panhandlers are that worthy is less clear; certainly some are less sympathetic. As a familiar bumper sticker says, “Not all who wander are lost.” A few panhandlers may seem menacing or disturbing, but more have an experienced, almost professional air about them. Like the self-identified tribes that have been known to follow rock bands, the impression is that they are not down and out – just out.

What to do about all this may actually be simple.

The law should address issues of public safety, as Durango’s proposed ordinances appear to do. Keeping people off designated medians where their presence could pose a danger makes sense and applies to everyone, regardless of their purpose. Likewise forbidding anyone from touching, following or blocking someone else’s way is nothing more than requiring a minimum degree of respect for the public square. And it does not matter if the person in question is panhandling, selling Girl Scout cookies, gathering signatures for a petition or campaigning for office. (Some kind of “bubble” around ATMs still makes sense.)

Humanitarian concerns are easily solved. As Councilor Marbury said, “Don’t give money to any panhandlers; give it to your local churches, your Salvation Army.” There are several organizations around here that are experienced and adept at helping those in need – in more ways than a few bucks might. If moved to help, support them, and do so generously.

Those in need will learn of that largess and benefit from it. Those living off the fat of the land will learn, as well – and move on.



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