Aggressive panhandling

Aggressive panhandling is a form of soliciting money. It differs from regular panhandling, also called passive panhandling, in that aggressive panhandlers repeatedly demand money from an individual after the person has already said no or ignored the request. Aggressive panhandlers sometimes resort to name-calling, threats, and violence as means to coerce money from people. Some panhandlers are unhoused due to a variety of factors such as substance abuse disorder or mental health issues and legitimately need money, while others are scammers and use panhandling to make extra money. Sometimes panhandling tactics include performing tasks for donations, such as cleaning windshields, saving parking spots, and carrying groceries. Aggressive panhandling has become a problem in many areas of the United States, and some states and cities have ordinances in place that prohibit these tactics.

Background

While legislation to limit panhandling has existed since only about the late twentieth century, the act of panhandling, or begging for money, has been in existence since societies began using and depending on money for the exchange of services and goods.

During the feudal period in fourteenth century England, people belonged to wealthy feudal lords. However, when the system declined, these servants, called beggars, vagabonds, vagrants, and wanderers, had nowhere to live and no way to make money. Laws were enacted that required people to work, but not everyone could perform this work. Those who could not or did not want to work resorted to begging. People did not like this begging, so towns began to create laws to restrict the practice. This legislation instilled a sense of shame about being poor and in need that persists into modern times.

Many people who panhandle want to work but cannot find employment for a variety of reasons. Some are educated and just down on their luck. Many have substance abuse disorder, while some have mental health issues that are often undiagnosed. They resort to begging to support themselves. Not all panhandlers are unhoused. For those who are unhoused, they find themselves in an endless cycle of needing to secure employment to afford a place to live, but they cannot find a job without a permanent residence.

According to several studies and surveys, average panhandlers are unemployed, single men in their thirties to forties, and suffer from substance abuse disorder. They may have few family members or have little to no communication with family. Most have at least some schooling and labor skills. Some may have a criminal record—sometimes connected to panhandling or crimes associated with it, such as theft, trespassing, or disorderly conduct. Younger panhandlers are often runaways who come from difficult family lives. While some panhandlers travel, most are from the community.

While many people who resort to begging for money are legitimately in need, a percentage of panhandlers are nothing more than scammers. These panhandlers may have jobs, cars, and homes, and panhandle to acquire extra money. They may be capable of working and might not want to work or find it more lucrative to panhandle instead. They even may develop panhandling personas, complete with sales pitches and physical appearances to make them seem more authentic.

Overview

Panhandlers beg for money in several ways. The way in which people beg or ask for money distinguishes passive from aggressive panhandling. Aggressive panhandling tactics have led to the enactment of legislation to prohibit the act.

A fine line separates passive from aggressive panhandling. The First Amendment of the US Constitution protects free speech. While begging is considered free speech, aggressive solicitation is not protected constitutionally. However, freedom of speech does not extend to asking for money in many parts of the United States.

Many states and local jurisdictions have enacted laws that make soliciting money a crime under certain circumstances. Some have created lists of restrictions directed toward panhandling in an effort to differentiate between passive and aggressive panhandling and curb the latter. These ordinances widely differ according to location. Some states and cities allow panhandlers to stand or sit with a sign asking for money (also called "flying a sign") but restrict people from openly approaching people and asking for money. For example, a man sitting on the sidewalk with a sign that requests money for food or even admitting the money is for alcohol or drugs is not doing anything illegal, but the same man seeking out people and verbally asking them for money may be committing a crime. The Supreme Court's decision in Reed v. Town of Gilbert (2015) had a significant impact on panhandling litigation, as it invalidated numerous panhandling ordinances based on content-based speech.

Many state and local law enforcement agencies tolerate passive panhandling but penalize those who participate in aggressive panhandling tactics. Aggressive panhandling includes abusive behavior such as yelling, browbeating, or threatening a person to coerce them for money; blocking a person's path while requesting money; and physical contact such as touching or holding people to force them to give money. Many times, ordinances limit panhandling in certain areas, including the following:

automatic teller machines (ATMs)

banks

car washes

college campuses

entrances of businesses

gas stations

parking meters and parking lots

public restrooms

public transportation stops for buses, trains, subways, etc.

sidewalks

telephone booths

Other restrictions may include soliciting in traffic, on highway exits/entrances, and at intersections with stop signs or traffic signals. Panhandlers are restricted from touching people's stopped cars, knocking on their car windows, or washing windshields for money. Some cities restrict panhandlers from soliciting from people outside of places that sell food or alcohol, such as grocery stores, convenience stores, restaurants, and liquor stores. They may limit the hours a person can panhandle, such as prohibiting it from sunset to sunrise.

Aggressive panhandling is also connected to other serious crimes, such as theft, vandalism, and harassment. Panhandlers themselves may be subject to violence from other panhandlers who use aggressive means to assert authority, steal, and claim areas as their own territory. Many business owners view panhandling as a nuisance and feel it discourages people from patronizing their businesses, which hinders their revenue.

People who feel threatened by panhandlers or experience aggressive panhandling techniques should contact police. While ordinances have been enacted to discourage aggressive panhandling, the practice continues in many areas. Some organizations are looking at other solutions to curb the practice, including offering temporary work to panhandlers.

Bibliography

Duda, Clay. "KPD Goes Undercover to Root Out Aggressive Panhandlers." Knoxville Mercury, 30 Mar. 2016, www.knoxmercury.com/2016/03/30/kpd-goes-undercover-root-aggressive-panhandlers. Accessed 9 Dec. 2024.

Ehrenhalt, Alan. "The Panhandler Dilemma." Governing, 21 Aug. 2015, www.governing.com/columns/assessments/gov-panhandler-dilemma.html. Accessed 9 Dec. 2024.

Heppermann, Ann. "The Right to Beg." Life of the Law, 10 June 2014, www.lifeofthelaw.org/2014/06/the-right-to-beg. Accessed 9 Dec. 2024.

James, Josh. "City Offering Jobs to Panhandlers." WUKY, 25 Apr. 2017, wuky.org/post/city-offering-jobs-panhandlers. Accessed 9 Dec. 2024.

Krupski, Antoinette, et al. "Comparison of Homeless and Non-Homeless Problem Drug Users Recruited from Primary Care Safety-Net Clinics." Journal of Substance Abuse Treatment, vol. 58, 2015, p. 84, doi.org/10.1016/j.jsat.2015.06.007. Accessed 9 Dec. 2024.

Leeson, Peter T., and R. A. Hardy. "American Panhandlers." Cities, vol. 124, 2022, p. 103601, doi.org/10.1016/j.cities.2022.103601. Accessed 9 Dec. 2024.

Morison, Thomas. “The Problem of Aggressive Panhandles.” Medium, 3 Mar. 2024, medium.com/illuminations-mirror/the-problem-of-aggressive-panhandles-b35402555dc7. Accessed 9 Dec. 2024.

Pufong, Marc-Georges. “Panhandling Laws.” Free Speech Center at Middle Tennessee State University, 9 July 2024, firstamendment.mtsu.edu/article/panhandling-laws. Accessed 9 Dec. 2024.

Rose, Chris. "How Cardboard Signs Changed the Face of Panhandling in America." Vice, 18 May 2015, www.vice.com/en‗us/article/how-cardboard-signs-changed-the-face-of-panhandling-in-america-518. Accessed 9 Dec. 2024.

Schulz, Peggy. "What's the Full Story behind the Panhandling Problem on Wisconsin Avenue?" Milwaukee Journal Sentinel, 20 May 2015, archive.jsonline.com/blogs/purple-wisconsin/304520621.html. Accessed 9 Dec. 2024.

Scott, Michael S. "Panhandling." ASU Center for Problem-Oriented Policing, 2002, www.popcenter.org/problems/panhandling. Accessed 9 Dec. 2024.

Wise, Andy. "Taking Control of an Aggressive Panhandler." WMC Action News 5, 28 July 2015, www.wmcactionnews5.com/story/29642813/taking-control-of-an-aggressive-panhandler. Accessed 9 Dec. 2024.