West Memphis leaders continue looking for solution to panhandling problem

West Memphis leaders continue looking for solution to panhandling problem

City still not enforcing solicitation ordinance

news@theeveningtimes.com

West Memphis City Council kicked the can down the road again as it moved to extend its moratorium on enforcing solicitation. Roadside panhandlers may continue to beg with cardboard signs at intersections in the city so long as they do not create a traffic hazard or pose a threat to the passer by. City council ignored one option put out by City Attorney Michael Stephenson.

Arkansas cities that have cited panhandlers have been smacked with free speech based lawsuits filed by the American Civil Liberties Union.

“Here was what I was told by the Municipal League, Hot Springs still has their civil litigation going,” said Stephenson. “The Municipal League advice was to repeal our ordinance and not do anything.”

Door to door solicitation fell under the same ordinance and the city attorney thought that part of the ordinance could be revamped under a new one.

“I think we’d have to do something with doorto- door stuff,” said Stephenson. “The Municipal League advice was repeal what we have and do not replace it.”

Other cities have eyed panhandling problems and gone to a plan B.

“Hot Springs passed an ordinance even though there is litigation ongoing,” said Stephenson. “That is one page about people getting out into traffic, approaching vehicles, and things like that. I guess that is something you could consider, but again the advice is repeal and do not replace it. We need to wait until one passes constitutional muster.”

Extending the moratorium served the city in one way.

“If you don’t enforce it, you don’t get sued,” said Stephenson.

Councilman James Pulliaum spoke for the repeal.

“We could take it off and then when it is settled all we have to do is come back to it,” said Pulliaum.

Councilman Wayne Croom did not want to repeal the ordinance and erase provisions regulating door to door solicitation.

“I think that is a separate issue and we could come back and address it,” replied Stephenson.

When the consideration moved to the city council floor, no talk of repeal or revamp came up. City Council voted unanimously to extend the moratorium on the panhandling ordinance for another six months.

By John Rech