Update on Area Street Panhandlers

[Happy Mom]

http://iga.in.gov/legislative/laws/2015 ... pters/017/


Indiana Panhandling Laws
IC 35-45-17
Chapter 17. Panhandling
IC 35-45-17-0.1
Repealed
(As added by P.L.220-2011, SEC.612. Repealed by P.L.63-2012,
SEC.66.)
IC 35-45-17-1
"Panhandling"
Sec. 1. (a) As used in this chapter, "panhandling" means to solicit
an individual:
(1) on a street or in another public place; and
(2) by requesting an immediate donation of money or something
else of value.
(b) The term includes soliciting an individual:
(1) by making an oral request;
(2) in exchange for:
(A) performing music;
(B) singing; or
(C) engaging in another type of performance; or
(3) by offering the individual an item of little or no monetary
value in exchange for money or another gratuity under
circumstances that would cause a reasonable individual to
understand that the transaction is only a donation.
(c) The term does not include an act of passively standing, sitting,
performing music, singing, or engaging in another type of
performance:
(1) while displaying a sign or other indication that a donation is
being sought; and
(2) without making an oral request other than in response to an
inquiry by another person.
As added by P.L.140-2005, SEC.8.
IC 35-45-17-2
Panhandling; Class C misdemeanor
Sec. 2. A person who knowingly or intentionally does any of the
following commits panhandling, a Class C misdemeanor:
(1) Panhandling after sunset and before sunrise.
(2) Panhandling when the individual being solicited is:
(A) at a bus stop;
(B) in a:
(i) vehicle; or
(ii) facility;
used for public transportation;
(C) in a motor vehicle that is parked or stopped on a public
street or alley, unless the person soliciting the individual has
the approval to do so by a unit of local government that has
Indiana Code 201
jurisdiction over the public street or alley;
(D) in the sidewalk dining area of a restaurant; or
(E) within twenty (20) feet of:
(i) an automated teller machine; or
(ii) the entrance to a bank.
(3) Panhandling while touching the individual being solicited
without the solicited individual's consent.
(4) Panhandling while the individual being solicited is standing
in line and waiting to be admitted to a commercial
establishment.
(5) Panhandling while blocking:
(A) the path of the individual being solicited; or
(B) the entrance to a building or motor vehicle.
(6) Panhandling while using profane or abusive language:
(A) during a solicitation; or
(B) after the individual being solicited has declined to donate
money or something else of value.
(7) Panhandling while making a statement, a gesture, or another
communication to the individual being solicited that would
cause a reasonable individual to:
(A) fear for the individual's safety; or
(B) feel compelled to donate.
(8) Panhandling with at least one (1) other individual.
(9) Panhandling and then following or accompanying the
solicited individual without the solicited individual's consent
after the solicited individual has declined to donate money or
something else of value.
As added by P.L.140-2005, SEC.8

[Xenokilla]

so how do we get the SBPD to start arresting people?

[Happy Mom]

so how do we get the SBPD to start arresting people?

It seems , reading the Law, that it IS a crime to solicit on the street or to come up to someone...

[st michael jr]

Well, I remember a roll call training where the prosecutor said otherwise.

[Happy Mom]

Well, I remember a roll call training where the prosecutor said otherwise.

Can't Dvorak read?

[bob_rx2000]

I'm not sure precisely what the prosecutor might be saying, but it certainly sounds as though it is something along the lines of "I view prosecuting a class-C misdemeanor for panhandling as a waste of my office's valuable time, so don't bother giving out the tickets or arresting a panhandler." Were I a South Bend or St. Joseph County cop, and I thought that was the attitude of the local prosecutor, I wouldn't bother with panhandlers.

Now, what does that say about the seriousness the city and county administration have about the downtown area of South Bend? Perhaps newly reelected Mayor Pete and his administration could work to change that attitude somewhat.

[Happy Mom]

South Bend councilman proposing work for panhandlers
by Katlin Connin, WSBT 22 ReporterMonday, June 5th 2017

WSBT 22 photo


SOUTH BEND — A South Bend city councilman has a plan he says will reduce the number of panhandlers in the city.
Oliver Davis says he wants to do something similar to what Portland, Maine is doing.
Davis says it wouldn't just get panhandlers off the street. He says a work program like the one he's designing could help address the root problem of begging -- poverty.


Panhandlers in the city say they're excited for the opportunity.
"It would get us off the street and make it so people aren't getting as aggravated with us on the corner asking for help,” said one panhandler who did not was to give his name.
Davis says he's been talking to city leaders in Portland, Maine.
"They took the time to craft out a pilot program to have a work program for those who are panhandling,” Davis said.
Portland City leaders say panhandlers work for the city minimum wage -- $10.68 an hour. Parks department employees come to pick them up.
“Right now, they're working two days a week going around to various open spaces and park areas that need a little extra cleaning up,” said City of Portland Communications Director Jessica Grondin.
But Grondin says it's not just about money.
“We're not just having them clean different sites and letting them go each day. We're working with them for other job-readiness skills, connecting them to the other resources that we know of, whether they need help finding more permanent housing or whatever the other barriers are that are keeping them from entering the workforce full time,” Grondin said.
Panhandlers here say they'd be excited for the opportunity.
"Yeah there's a lot of drunks and a lot of drug addicts and everything, but the one thing I wish people would understand is there are a lot of people who are out here that are telling the truth and do need help, that aren't taking your money and going to get alcohol and going to get drugs and going to get all messed up on it,” the panhandler said.
Davis says his program would be good for everybody.
"For me to help you and for you to help me makes us stronger community,” Davis said.
Davis says he hasn't figured out exactly what work panhandlers in South Bend could do, but he says he's already talked to Downtown South Bend and the Parks Department to find a good fit. Davis's work program will be discussed at the June 12 City Council meeting.

http://wsbt.com/news/local/south-bend-c ... anhandlers

[Happy Mom]

Downtown South Bend group hopes new hire will reduce pandhandling


By Jeff Parrott Staff writer Jul 26, 2017 Updated 2 hrs ago (2)


Panhandler
A panhandler holds up a sign at the intersection of South Michigan Street and Ireland Road Wednesday, July 26, 2017, in South Bend. Tribune Photo/ROBERT FRANKLIN
Robert Franklin, South Bend Tribune
SOUTH BEND — Fearful that panhandling could threaten the progress of downtown redevelopment, Downtown South Bend Inc. has hired a new Director of Social Outreach to discourage the practice and direct panhandlers to social service agencies for help.

In a statement, Mayor Pete Buttigieg said the new position will ensure that the downtown is “safe and welcoming.”

“As our downtown becomes more of a destination for living, dining, and entertainment, we’re accommodating that greater usage,” Buttigieg said. “By connecting resources with the people who need them, we’re making sure South Bend is safe and accessible for all who come here.”

Chris Anderson, who has experience working with the homeless at Hope Ministries, started in the position Monday, said DTSB Inc. executive director Jill Scicchitano.

DTSB Inc., a city-funded nonprofit that works to promote downtown development, and the city will evenly share the cost of Anderson’s $50,000 salary, she said. DTSB will pay its half with a donation from the Duke and Katy Downey Charitable Trust, Scicchitano said.

She said the cities of Cincinnati, Cleveland and Pittsburgh have established similar positions, and DTSB has been talking with the people who hold those jobs there.

“We kind of consider it an extension of the Ambassadors program, but this person won’t be uniformed,” she said. “He will be responding to requests from people who want him to come and address panhandling that they see downtown.”

Anderson will approach people holding signs on street corners and asking for money, work to connect them with social service agencies so that they no longer need to panhandle, and “encourage” them to stop, Scicchitano said. He also will frequent homeless shelters during meal times to establish relationships with clients.

South Bend has an ordinance prohibiting “aggressive panhandling,” defined as using violent, profane language while panhandling, intentionally touching someone while asking them for money, or continuing to solicit after receiving a negative response. But courts have consistently defended panhandling as an exercise of First Amendment free speech rights.

“His job is not to say, ‘You! Stop panhandling,” Scicchitano said. “He’s not an authority, that’s why he’s not in a uniform. He’s there to find information so we can find out what their needs are.”

A reporter asked her whether DTSB and the city believe that panhandlers don’t know about all of the homelessness resources downtown.

“I don’t know,” she said. “I think this position will give us a good idea what that landscape looks like.”

What if panhandlers say they know all about homelessness services but want to continue panhandling because of the money it pays?

“I definitely anticipate we will encounter some of those individuals as every other city does,” she said. “But I think we will see an impact from this or we wouldn’t be trying to do it.”

John Shafer, director of Michiana Five for the Homeless Inc., a nonprofit advocacy group, said he hopes the initiative works because panhandling isn’t good for anyone. But he has his doubts.

“It’s going to be a wait-and-see,” Shafer said. “I hope this person is someone the homeless will know and like and confide in.”

Shafer said panhandlers already know about services that exist downtown to help them, but there’s too much “red tape” for many.

“If you’re going to require more than a one-stop approach and a series of appointments, most homeless are not going to be that consistent to go through those hoops to get help,” Shafer said. “They’re trying to get money for a sandwich at Arbys or a bottle of alcohol or beer. They can’t think past today. They can’t think about tomorrow.”

Shafer said there needs to be a “gateway” where the homeless can receive an array of services are “coordinated under one roof” downtown. The city and Hope Ministries have been discussed the idea for months but have yet to find funding, he said.

Meanwhile, city common council member Oliver Davis early last month asked the Buttigieg administration to request money in next year’s budget to create a day labor program for panhandlers. They would receive the minimum wage for city employees, $10.10 an hour, to clean up and maintain city parks and public spaces, a program modeled after similar efforts in Albuquerque, N.M. and Portland, Maine.

When asked the status of his request Wednesday, Davis said the council awaits a report from the mayor’s homelessness task force, likely next month.

Panhandling isn’t just a problem downtown. It’s happening at intersections across the city. Davis said last week he and residents of Prairie Apartments met with a police officer from the Pokagon Band of Potawatomi Indians to discuss security matters, especially panhandling, that might come with the Four Winds Casino when it opens next year.

http://www.southbendtribune.com/downtow ... nd_Tribune

[Happy Mom]

Please Share!
As a homeless advocate we will not encourage anyone donating money to him, what does that tell you?
This guy certainly gets around for being handicapped and on crutches. Normally he is at the corner of State Road 23 and Ironwood Drive on the northside but yet today he is on the far Southside at the corner of Lincoln Way East and Ironwood Drive.

[Happy Mom]

South Bend won't pursue day labor program for panhandlers
By Jeff Parrott South Bend Tribune Aug 13, 2017 Updated 1 hr ago (11)
South Bend won't pursue day labor program for panhandlers



Daniel Krienke holds a sign asking for help for him and his wife Debbie at the corner of Ironwood Drive and Indiana 23 on Wednesday. Krienke said he and Debbie, who has a job, are staying in a motel and can’t find anyone to rent to them. He said he panhandles almost daily because her income is not enough to pay the bills. “Everyone thinks we’re bad people because we stand out here,” he said. “We’re just trying to get by.” Tribune Photo/MICHAEL CATERINA
SOUTH BEND — When Mayor Pete Buttigieg starts pitching next year’s budget to the Common Council Wednesday, he won’t hold a sign, or even paperwork, seeking money to create a day labor program for panhandlers.

Buttigieg won’t ask the council to pay for a new program to hire panhandlers to clean up city parks and public spaces, as council member Oliver Davis earlier this year asked him to do in the mayor’s 2018 budget request, said Suzanna Fritzberg, the mayor’s deputy chief of staff and point person on homelessness issues.

In her role chairing the mayor’s 28-member homelessness issues working group this year, Fritzberg said she learned that service providers have collected data indicating that “a vast majority” of panhandlers are not homeless.

“I know some of the social workers will go out and say, ‘Hey, you need a bed, we’ve got one,’ and the panhandlers don’t want to come,” she said. “Granted, no one wants to stand on a street corner and ask for money, so I’m not saying these people are having the time of their life, or aren’t in need.”

For one thing, service providers don’t think many panhandlers would agree to do the work for $10.10 an hour, the city employee minimum wage, as Davis proposed. He said Portland, Maine and Albequerque, N.M. have piloted such programs.

“From most of what we know, the panhandling population here is both fairly small, even though it can not feel that way, and also pretty organized,” Fritzberg said. “The sense is that people aren’t likely to accept day labor jobs.”

Fritzberg declined to elaborate on how panhandlers are “organized.”

David Vanderveen, executive director of South Bend-based homeless service provider Hope Ministries, said he didn’t know whether it happens locally, but in other cities it’s not uncommon.

“A good percentage of people who panhandle are not homeless, and therefore they probably do have transportation (to and from the street corners where they hold signs) and have a certain system regarding which street corners they go to,” Vanderveen said.

Vanderveen agreed that a day labor program for panhandlers, by itself, isn’t likely to make much of an impact on the problem in South Bend.

“It’s not going to reduce panhandling by that much,” he said. “We need to provide a holistic set of services to people who are truly homeless, so that those who are truly homeless and who panhandle, no longer need to. Once those services are in place, we can educate the public … don’t give to panhandlers because people have an alternative. Then if people stop giving, people who aren’t homeless will stop panhandling.”

The mayor’s working group on Aug. 3 released a report recommending creation of an intake center near the downtown and 50 more units of “permanent supportive housing” scattered through the city. It would cost an estimated $1.6 million to build the center — its start-up and annual operating costs paid for with a mix of public and private money — and another $261,000 annually to operate it, the report found. The rental units would cost about $647,000 a year.

Fritzberg said the administration sees Downtown South Bend Inc.’s newly created “social outreach position as a direct response to the (panhandling) concerns Councilman Davis has raised.”

The city-funded nonprofit downtown promotional group confirmed July 27 that Chris Anderson, the new Director of Social Outreach, will try to build a rapport with people who panhandle, encouraging them to stop by referring them to social services. The group will evenly share the cost of his $50,000 annual salary with the city.

The city has an ordinance prohibiting “aggressive” panhandling, defined as using violent or profane language while panhandling, intentionally touching someone while asking them for money, or continuing to solict after receiving a negative response. But courts have consistently upheld the right to panhandle under First Amendment free speech protections.
http://www.southbendtribune.com/news/lo ... 2e2fd.html


Comments;
Sean Haas · Indiana University South Bend
Our government loves red tape, why not require all panhandlers to have a permit to operate? Require individuals to offically establish residence on the streets as "homeless" for at least 3 years before being allowed to panhandle. Documentation of daily life on the streets must be presented to the proper office/committe. A flat per day fee (because no one really knows how much they make) to be deposited daily by riding a Lime Bike down to city hall should swell the coffers of South Bend.
Unlike · Reply · 4 · 11 hrs

Becky Jones · Consultant at Cabi
Kudos to the mayor for making the right decision. (And, thumbs down to the Tribune for publishing a photograph implying that most, if not all, panhandlers are disabled). Almost all of the panhandlers I've seen appear to be able-bodied individuals. At a time when our economy has the lowest unemployment rate in almost 25 years and many stores and restaurants are posting "help wanted" signs, there is no reason for people to be panhandling on the streets. We have unemployment compensation plans and food stamp programs for the benefit of those temporarily unemployed and disability compensation plans for the disabled.

I have to agree that a very large proportion of these panhandlers are, in fact, organized. They simply wouldn't be there were it not for the largesse of the American public. The best way to stop panhandling and help those who truly are needy is to write a check to a local homeless shelter and stop giving money to these panhandlers.
Unlike · Reply · 6 · 8 hrs

Kitty L. Gerschoffer · Works at St. Joseph County Prosecutor's Office - Homicide Unit
I asked a panhandler once why he just didn't get a job with all of the help wanted signs everywhere. He response was, "Oh, I can get a job, I just can't keep it." In my mind he was saying he didn't like to follow rules, show up for work, etc.
Unlike · Reply · 4 · 5 hrs

Martha Brown
Im sorry $10.10 an hour panhandlers wont go for that???? The reason is they make lots more per hour cash money no taxes-no insurance-every thing is pretty much free where as the working class it isnt. South bend or St. Joe county is the highest in taxes than anyone else. Whos gonna pay for all these programs???WE ARE!!!
Like · Reply · 1 · 5 hrs

Rudy Velasquez · Works at IBEW Local Union 716
thay should pay taxes...
Unlike · Reply · 1 · 4 hrs

Becky Jones · Consultant at Cabi
They don't. They won't. And then these very same folks complain that we have a regressive tax system. Yeah, right!!
Unlike · Reply · 1 · 3 hrs

Rudy Velasquez · Works at IBEW Local Union 716
Becky Jones ...maybe. it's there destiny
I'll travel cross country for work if necessary...lazy people who are not disabled should be kikked to the curve..but blame also go's to the ones who give them money...if none gives thayll fade away...
Like · Reply · 1 · 3 hrs

Mary Kretchmer Carroll · John Adams High School
I'll say one thing you can always tell which corners these pan handlers stand at because they leave all their trash right there, empty pop cans and bottles, fast food restaurant sandwich wrappers and it's beginning to be a big mess Mayor and some thing needs to be done. when we had the real hot weather a guy was standing on Michigan and Ireland Rd holding a sign that said he needed some thing to drink well I don't make it a habit of carrying drinks in my truck. It's just getting out of hand how some of them will try and distract drivers!
Unlike · Reply · 2 · 3 hrs

John Cutter · Valparaiso University School of Law
As I have said in the past, these freeloaders don't want a job. If they take a job, they have to work 8 or10 hours a day plus 5 or 6 days a week and they have to pay taxes. Freeloading they only stand on a corner 3 or 4 hours a day and probably 3 or 4 days a week plus all the money they collect is tax FREE !! They make a lot more money in 15 hours than your average working person in a 40 or 50 hour work week.What's wrong with this picture? Make freeloading illegal and enforce it strictly. The penalty is 5 years in jail where you sleep on slab plus 3 meals a day of maybe a little more than bread and water.
Unlike · Reply · 2 · 1 hr