EVERETT — The city of Everett’s second attempt to pass an anti-panhandling ordinance is scheduled to be taken up for a vote by the City Council on Wednesday.
The first ordinance drew protests over what some people said was an attempt to criminalize homelessness. The American Civil Liberties Union of Washington wrote a letter to the council in April when the council first considered it, and the council ultimately rejected that legislation.
The new weaker ordinance was presented to the council Oct. 14, but deputy city attorney David Hall informed them at the time that the most restrictive clauses would not be in the final ordinance.
In a recent court case in Colorado, in which the ACLU sued the city of Grand Junction, a federal judge ruled that the city’s ban on panhandling after dark, among other restrictions, was unconstitutional.
That was one of the measures being considered by Everett. Other measures in the draft ordinance banned begging within 50 feet of an ATM or a line for an event, and asking for money again after being rejected.
However, that language was still included in the draft ordinance available on the city’s website. Hall assured the council that the ordinance would be amended by the Oct. 21 meeting.
The revised ordinance was supplied to the council members, but the city website still only had the previous version.
That prompted a contentious debate last week as to whether the city had adhered to the spirit of open government laws.
“There has been essentially no public airing of this ordinance at all,” said councilwoman Brenda Stonecipher.
Hall offered to read out loud the changed provisions for the benefit of the public in the room. It satisfied enough of the council that a motion to extend the public review period failed by a 4-3 vote.
Councilman Jeff Moore said he felt the ordinance was simple enough that Hall’s explanation was sufficient to move the ordinance forward to its scheduled vote Wednesday.
“It doesn’t take a deep reading,” Moore said.
The revised ordinance is now available on the city’s website.
The Rev. Bill Kirlin-Hackett, the director of the Interfaith Task Force on Homelessness, said the new ordinance, which makes aggressive panhandling a misdemeanor crime punishable by fines or jail time, was still too punitive.
While Hall said it gives police an opportunity to redirect them into services and treatment, Kirlin-Hackett didn’t buy it.
“I am not confident in the courts not throwing the book at homeless people,” he said.
Other speakers supported the ordinance, citing the prevalence of drug activity in the city.
Everett resident Melissa Springer said the city shouldn’t cower to threats by the ACLU or other groups.
“I have the right to walk down the street with my grandkids and not have people in my face over and over again who frighten me,” Springer said.
Doug Honig, a spokesman for the ACLU, said the group had not officially communicated with the city, but said the ordinance still has problems.
“We think the latest proposal is still flawed,” Honig said. “Just because some speech makes people uncomfortable, that does not justify government trying to punish those practicing it.”
The council takes up the ordinance for a final vote Wednesday.
Chris Winters: 425-374-4165; cwinters@heraldnet.com. Twitter: @Chris_At_Herald.
Public Hearing
The Everett City Council will hold a public hearing and vote on a panhandling ordinance at 12:30 p.m. Wednesday, Oct. 28. The council meets in the William E. Moore Historic City Hall building, 3002 Wetmore Ave.
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