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Suing sidewalk beggars doesn’t sit well with the law

Last Sunday, I read with disbelief about the woman who successfully sued Maria’s Bookshop for a quarter million bucks after she tripped over a dog bowl and broke her ankle. So my question is this: Can I sue a downtown business if I trip over a panhandler flopped down on the sidewalk in front of a store? Seems to me that Durango’s beggars pose a far greater hazard than a dog bowl. – Sign me, Anything Helps

When you stumble over a cardboard-sign obstructionist, you’re not going to hit the jackpot after you hit the pavement.

So you better give that notion the bum’s rush.

That’s what Action Line hears from personal injury attorneys who wouldn’t touch this case with a 10-foot contingency.

“The bottom line is that the business owner didn’t put the beggar on the sidewalk, so there is no fault or liability on their part,” said one legal eagle who asked for anonymity.

“Besides, sidewalks are city property and not private property. If you trip over a vagrant, you will have to sue the city or the vagrant or both. Good luck with that.”

Attorneys point out that municipalities have broad protections from lawsuits under the principle of sovereign immunity.

It’s not impossible to sue the city. You just have to jump through a lot of extra hoops. But why waste your time?

The city, like the business owner, didn’t put the beggar on the sidewalk. Plus city law specifically allows silent beggars.

So if you trip over a panhandler, it’s a civil matter between you and the uncivil walk-blocker begging for bucks.

We all know that suing the insolvent won’t solve the problem.

Conversely, giving beggars spare change isn’t going to change anything.

The real question is this: Will the City Council stand up to those who sit?

That will be a topic for a future council study session, which will explore tightening ordinances governing sitting or lying in public places.

Durango’s beggar laws are found in Section 17-43 of the City Code.

The law is clear: “It shall be unlawful for any person to engage in aggressive panhandling in any public place within the city.”

Aggressive panhandling, meanwhile, is defined as “taking any action that obstructs or blocks a public sidewalk, doorway, entryway or other passage way used by pedestrians in a public place or that obstructs the passage or the travel of any person during the course of panhandling in a manner that requires them to take evasive action to avoid physical contact with any person.”

And here’s the kicker: “Obstruct” is defined as, “Any activity that acts to hinder or slow progress, that makes the accomplishment of a task slower or more difficult or that comes in the way of or impedes any person to any unreasonable extent.”

All of which seemingly gives the impression that Durango has a handle on panhandling.

Then you get to the law’s closing clause, which won’t sit well for many downtown-strolling Durangoans.

“Nothing contained in this section shall apply to or limit any panhandling that is conducted solely by passively standing or sitting with a sign or other indication that one is seeking donations, without approaching or directing a request to any specific person.”

In essence, this puts beggars in the catbird seat.

Meanwhile, canine watering bowls have gone to the dogs.

And once again, Durango proves that it’s a trippy place indeed.

Email questions to actionline@durangoherald.com or mail them to Action Line, The Durango Herald, 1275 Main Ave., Durango, CO 81301. You can request anonymity if you refer to that panhandler with the “Need Weed” sign as a pothandler.