LAKEPORT >> The Lakeport City Council unanimously approved the final reading of its solicitation ordinance on Tuesday, despite a strong public turnout opposed to the measure.
More than ten people attended the meeting to vocalize the key reasons for their protest, claiming that the legislation would authorize the Lakeport Police Department and the city to bully homeless people, thus infringing on their right to free speech.
“It gives law enforcement a legal way to remove homeless people out of sight,” pastor and homeless advocate Shannon Kimbell-Auth said.
The controversy originates from the legislation’s requirement of a free permit for all those who ask for money or offer/request services in public spaces or high-traffic private property. Applicants will then be issued an ID card with basic contact information (name, phone number, address etc.), the permit number and the expiration date.
Kimbell-Auth and others pointed out that the permit discriminates against the homeless population because many of them don’t have phones and, obviously, residences. Additionally, there was a concern with the length of its validity, which may range from 30 days to six months depending upon the city’s discretion.
In response to the registration details, Mayor Marc Spillman said all people need is a name.
Members of the council also defended the plan by again pointing out that the ordinance is intended to protect residents and tourists from aggressive and potentially dangerous panhandlers. Lakeport Police Department Chief further noted that people mostly get accosted by panhandlers from out of town, some of whom are suspected to have jobs.
“I don’t think the issue is homeless people,” Mayor Marc Spillman said, adding that he’s found most homeless people to be peaceful in his experience. “It’s just a few people who are out there trying to make a buck and doing it in an aggressive manner.”
As for the time granted for the permit, Councilwoman Mireya Turner suggested that it be extended to a statutory maximum of one year because it would give citizens more leeway.
The rest of the council agreed and amended the ordinance even though people questioned their ability to make it the approval final without another second reading with new amendment on it.
“I am not prepared to answer that question right now,” City Attorney David Ruderman said. “It’s possible that it may come back.
Regardless, neither the amendment nor the argument did little to change the minds of dissenters, especially on the personal rights issue because it may censor the protected speech of asking for money.
“Since when did free speech require a permit in the U.S.A.? Never,” Kimbel-Auth said in an email. “This is unconstitutional and legally unenforceable.”
This is one of the primary reasons why she may seek legal action against the city if it doesn’t make any changes in the coming weeks. According to her, she will contact prominent civil rights groups like the ACLU that may offer pro bono representation.
Still, it will only be done as a last resort. In the meantime, she intends write letters and engage in civil disobedience by panhandling without a permit along with other advocates.
“You want to arrest us? Go ahead.” she said.
In the event of a civil suit, David Ruderman is confident the ordinance will survive it by using the same rebuttal when this controversy began in May: it doesn’t target a specific type of speech because all non-religious and non-political solicitation is regulated, including door-to-door salesmen and Girl Scouts.
Most importantly, Rasmussen said, the law is in the interest of public safety and makes it easier law enforcement to remove aggressive solicitors from certain types of private property without a complaint from the owner or manager; Before, they couldn’t do anything with one — even from a citizen call.
Spillman concurred and said that these large businesses are struggling with this problem, often spending 30 minutes to an hour resolving a case.
“They are having tremendous difficulty,” he said when asked why he and the council voted to approve it despite the legion of opposition.
Regarding the abuse of homeless people, the mayor praised the tranquility of his police force and their focus on instruction instead of punishment.
“There’s a lot of tolerance in the LPD here,” he said.
