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Tough decision — Beneath the city seal that proclaims "faith, hope and charity" as DeLand's motto, City Commissioner Phil Martin, left, and Mayor Bob Apgar discuss possible prohibitions on panhandling. At the Nov. 2 City Commission meeting, Martin and Apgar were in the minority in supporting a total ban on all kinds of panhandling in the retail areas of Downtown DeLand. The commission majority voted to ban aggressive panhandling citywide, and also to ban any kind of panhandling at night, also citywide.
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Need more ATMs — Downtown DeLand pet-store owner Gary Locker told commissioners the ban on panhandling near automated teller machines would work just fine “if the city’s going to put in an ATM every 40 feet.” The crowd at the meeting applauded enthusiastically.
BEACON PHOTO/MARSHA MCLAUGHLIN
Discouraged — Todd Carpenter, who owns two Downtown businesses, urged commissioners to support and protect the business owners and customers who are trying to make Downtown DeLand a destination.
BEACON PHOTO/MARSHA MCLAUGHLIN
Suspicious about real need — Abbey manager Daniel Sullivan described being verbally assaulted by panhandlers whom he asks to move away from customers’ tables. He questioned whether many of them are truly needy. “I hate to be callous,” Sullivan said, “but I think a lot of these people aren’t down on their luck.”
BEACON PHOTO/MARSHA MCLAUGHLIN
Disgruntled customer — DeLandite Chris Cole told the City Commission it would be tough for police to distinguish between aggressive and nonaggressive panhandling. He urged a total ban. “You guys have a really great thing going on here Downtown. I’d hate to see it go south."
New law doesn't go as far as Downtown merchants wanted
posted Nov 4, 2009 - 11:01:53pm
The DeLand City Commission voted for a panhandling ban at its Nov. 2 meeting, but it wasn’t the complete prohibition shoppers and shop owners asked for.
With a 3-to-2 vote, commissioners approved outlawing aggressive panhandling at any time or place, and banning any kind of panhandling between 7 p.m. and 6 a.m., or within 20 feet of an automated teller machine (ATM) or public restroom. The prohibitions will apply citywide, not just in Downtown DeLand.
(Watch video from the meeting)
Before becoming law, the ordinance needs approval after a second public hearing. That will happen at the City Commission’s Nov. 16 meeting.
At the Nov. 2 meeting, after two hours of impassioned citizen testimony about the problems associated with panhandling in Downtown DeLand, it took Commissioner Charles Paiva about two seconds to move to pass the partial ban. Commissioner Willie Bright quickly seconded the motion.
Their motion was in favor of the ordinance that would prohibit only aggressive panhandling and any panhandling near ATMs or public restrooms.
Paiva said having the city regulate what one person says to another, in the Downtown shopping district or anywhere else, presents a clear-cut First Amendment problem. A ban on simply saying certain things, Paiva said, could start the city down a slippery slope of disrespect for the cherished right to free speech.
Paiva and the other four City Commission members had no hesitation about outlawing aggressive panhandling, defined as asking for money or other items in a threatening, persistent or deceptive manner.
After the motion, there was a compromise. At the suggestion of Commissioner Leigh Matusick, commissioners agreed to also outlaw all kinds of panhandling after dark, when even a simple request for money might seem threatening.
Matusick voted with Paiva and Bright in favor of the ordinance. Mayor Bob Apgar and Commissioner Phil Martin voted no, because they favored a stronger ordinance.
Siding with the Downtown DeLand merchants and shoppers who spoke at the meeting, they preferred a total ban on panhandling in the Downtown DeLand shopping district.
Although City Commission posts are nonpartisan, the commission divided this time along political-party lines. Apgar and Martin are Republicans, while Paiva, Bright and Matusick are Democrats.
Downtown DeLand patrons and shop owners turned out in force for the Nov. 2 meeting. Eleven of them spoke to the City Commission.
Business owners told commissioners they have lost customers who won’t come Downtown anymore for fear of being asked for money as they make their way along the sidewalks or sit outside to dine.
All the speakers favored a total ban on panhandling outside Downtown DeLand stores and restaurants, including First Amendment attorney Tanner Andrews of DeLand.
Todd Carpenter, who owns two businesses in the Downtown district, asked commissioners to think about whom the city’s laws should protect.
“We make the investment Downtown,” Carpenter said. “We’re the people who are hurt when people go to shop and eat in Sanford, Heathrow, Winter Park and Eustis.”
Carpenter and MainStreet DeLand Association Executive Director Jack Becker reminded commissioners that the locally owned businesses of Downtown DeLand are strong supporters of the very charitable programs that help people who are down on their luck.
“The MainStreet DeLand Association is a business organization that actively shows compassion for those in need. ... Continuing to hurt the businesses in Downtown DeLand does nothing to help those in need,” Becker said.
Reader Comments
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Panhandling and accosting a person is not a right. I have been accosted numerous times by the same man, who starts his spiel with "man I'm sorry but I just got out of..." And then once we tell him this is old news, we've heard it before and to get away, he either moves on (with much cursing) or he gets beligerent. HEY - idea...come on down and help deal with these folks!! We'll point this guy out within a few hours on any Friday or Saturday night and you can help him with his "right" to find funds.
I have been burned by these so-called vagrants. It turns out that many, not all, but many are preying on those good souls that would rather help others than themselves and act the part of someone in need instead of getting a real job and toughing it out like so many other americans. I know there are others that need help, but there are places to go that money isn't necessary.
Those that ask for a handout just because there are so many helpful individuals in our community and nation and know that they can make a decent living doing no hard labor and have no self-decency and can live with themselves are to me no more than conmen swindling you with their lies and deceit.
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