DeLand goes for panhandling ban

BEACON PHOTO/BARB SHEPHERD
Part of the process — Audience members, many of them Downtown DeLand merchants and workers attending their first City Commission meeting Nov. 16, watch as DeLand leaders debate the merits of a ban on panhandling in the central retail district. After a majority on the five-member commission expressed support for a total ban, commissioners asked the city attorney to finalize a new law for a final vote Dec. 7.

BEACON PHOTO/BARB SHEPHERD
Debate — Commissioners debate a possible ban on panhandling. The Bertholfs are with Troop 550, which meets at First Presbyterian Church of DeLand.

BEACON PHOTOS/BARB SHEPHERD
Democracy in action — Above, Boy Scout Jared Bertholf, accompanied by his father, Keith Bertholf, leads the Pledge of Allegiance to open the Nov. 16 DeLand City Commission meeting.

By Barb Shepherd
BEACON STAFF WRITER

posted Nov 19, 2009 - 9:37:14am

The DeLand City Commission tilted in Downtown DeLand’s favor Monday night, moving to ban panhandling entirely in the central retail district.

Commissioners did not actually approve an ordinance, because the new law that had been prepared for the Nov. 16 meeting would have put weaker restrictions in place.

City Attorney Darren Elkind will finalize the total panhandling ban for final approval at the City Commission’s next meeting, Monday, Dec. 7. The regulations will take effect the next day, if approved that night.

A majority of commissioners were clear in their intention to grant Downtown DeLand merchants and shoppers what they have repeatedly asked for in heartfelt testimony: an inarguable, uncomplicated, total ban on panhandling Downtown.

A dozen speakers at Monday night’s meeting asked for the ban. They argued that prohibiting panhandling only at night, or only if it is aggressive, or only near restrooms or bank machines, would confuse both panhandlers and victims, and hamper police enforcement efforts, by leaving matters open to interpretation.

City Commissioner Leigh Matusick was the swing vote who tilted the commission in Downtown’s favor. Previously, Matusick had favored only a limited ban on panhandling.

Matusick warned the Downtown DeLand community that simply having the new law would not solve the problem. She said she would support a total ban only if merchants understand they will have to spend considerable time and effort reporting the crimes and working with police to bring about change.

The law will make panhandling a misdemeanor. Police plan to warn violators upon the first offense. The law also will specifically allow panhandling, so long as it is not aggressive, on public plazas such as outside DeLand City Hall and the two courthouses.

Another supporter of a limited ban, Commissioner Charles Paiva, hinted he might support a total ban, so long as there is a provision for waiving the law during special events, so nonprofit groups will not be hampered in their fundraising efforts.

Commissioners said their e-mail inboxes had been filled with messages calling for the total ban, and asking the City Commission to protect Downtown DeLand by helping merchants create an atmosphere where customers feel safe and comfortable.

The five commissioners voted unanimously to table the ordinance that was before them, and to consider a stricter ordinance at their Dec. 7 meeting. There will be another public hearing before the vote at that meeting.

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