This week the Lakeport City Council unanimously passed an ordinance that all but two members of the public spoke against.
What is the ordinance?
It’s about panhandling. You may ask, “Why should you care?”
They said, “This ordinance isn’t against the homeless. It’s against aggressive panhandling.”
But of the 11 things that are now illegal in Lakeport per this ordinance only five of them deal with aggressive panhandling. The six that do not deal with “aggressive panhandling” were not illegal before the meeting. But now they are. The other five new things that are illegal were already illegal.
This is not right.
What’s now illegal that wasn’t before?
1) Free speech. Ask for money without a permit (you are a “panhandler”) it’s a crime. Since when did free speech require a permit in USA? Um … never. This is unconstitutional and legally unenforceable. Also, I ask for money every Sunday. No, really, I do. Ministry takes money. I ask for it every week. Lakeport City Ordinance 5.24.110A
2) Assuming you receive the permit, asking for money after your permit has expired is a crime. Lakeport City Ordinance 5.24.110B
3) Misrepresenting your physical or mental health. What does this even mean? Do you need to have a doctor say you have depression to say you are depressed? Also, I am pretty sure the Americans with Disabilities Act nullifies this one. Lakeport City Ordinance 5.24.110H
4) Using the money for any other reason than permit allowed. If you said on the permit, “I’m raising money to buy food” but you made enough to cover a night in a hotel instead of being homeless on the street — that is now illegal. Lakeport City Ordinance 5.24.110I
5) If a person driving by you, and you are not in the car with them, thinks that you are asking for money, this is now illegal. Lakeport City Ordinance 5.24.110J
6) If a person driving by you, and you are not in the car with them, thinks that you are asking for money, and they are stopped in traffic, this is now illegal. Lakeport City Ordinance 5.24.110K
What does this ordinance make illegal that was already illegal?
7) Soliciting a dwelling that has a sign saying “No solicitations.” OK, I’m in. Lakeport City Ordinance 5.24.110C
8) “Touch, come into physical contact with, or affix any object to the person of any member of the public, without the express permission of that person.” Not going to lie, I actually appreciate this one. Being a rape survivor myself, I am a fan of laws that say it’s illegal to touch people when they don’t want you to. Also, it’s why as a Pastor I don’t tell people they have to hug each other. Really. When do we get control of our own bodies? That said, pretty sure that’s not how this law will be used. Lakeport City Ordinance 5.24.110D
9) “Persistently and importunely soliciting a member of the public after such person expresses his desire not to be solicited.” OK. Too bad this doesn’t apply to the people gathering signatures for political stuff — and no — it doesn’t apply to them. Lakeport City Ordinance 5.24.110E
10) “Intentionally obstruct the free movement of any member of the public on any street, sidewalk, or other place or in any place open to the public.” OK, I am a huge, huge fan of this one. Lakeport City Ordinance 5.24.110F
11) “Threaten any harm to any person who declines to be solicited.” Really? You think we need a local ordinance for this? OK, if it helps you do your job, fine. Lakeport City Ordinance 5.24.110G
These last five, I could have lived with. I could have even believed they had my best interest as a citizen at heart. But that is not what happened in the meeting. They passed the whole thing. Including the bit about it applying to Grass Valley. So that was a bit of a misdirect, but we’ll go with the flow.
Why do I think this is about the homeless? I would be happy to tell you. Repeatedly at the meeting we heard that “aggressive panhandlers” aren’t the homeless. This is about people who have jobs and homes and panhandle. Well, friend, if they have jobs and homes, they can probably figure out the permit process. This will do nothing to curtail “them.” But the homeless who are used to being harassed and moved on — because the “homeless problem” is about seeing homeless people — not the fact that we have unsheltered neighbors who are homeless. Well, it will be harder for them to navigate the permit process. Seriously how many of you know how to apply for a city permit? No, it’s not hard, but do you know how to do it?
This ordinance is wrong.
The title of this is disappointed and thankful all at once. So what am I disappointed in? The City Council. You made a bad decision here and ultimately it will be overturned on Constitutional grounds because it’s not about law or freedom, but what people are uncomfortable with. What am I thankful for? The members of United Christian Parish and the 7th Day Adventist Church, who showed up, spoke up and behaved as true citizens, who care the most vulnerable in our midst.
Good job, you give me hope.
