Begging, panhandling, solicitation — whatever term you prefer — is a problem without a solution. At least, that’s what history suggests. It’s a matter that has drawn the attention from ancient philosophers to merchants to charities to modern politicians.
Tuesday, the city of Starkville took up the matter for the second time in six years, calling for a public hearing on a proposed ordinance on what it refers to as “criminal loitering and aggressive solicitation.”
Through the ages, beggars have occupied the lowest strata of society, broadly considered to be people of low character and dubious motives. There has always been a camp who is suspicious of the panhandler’s true intent.
That was the view posed to 18th Century British author and essayist Dr. Samuel Johnson, and his response then still resonates with compassionate people today.
Why should someone give money to beggars since they’ll only use it to buy gin or tobacco, Johnson was asked.
His reply:
“Why should they be denied such sweeteners of their existence? It is surely very savage to refuse them every possible avenue to pleasure, reckoned too coarse for our own acceptance. Life is a pill which none of us can bear to swallow without gilding; yet for the poor we delight in stripping it still barer, and are not ashamed to (show) even visible displeasure, if ever the bitter taste is taken from their mouths.”
How society views panhandlers, beggars or those trying to hawk items for whatever money can be extracted from those they encounter, is primarily a condition of the heart. Those who see the humanity of the panhandler often respond with compassion and understanding. For others, their mere existence is noxious.
Local governments cannot dictate our general attitude toward these people, but they do have a responsibility for the safety of citizens encountered by them. When the act of panhandling goes beyond a simple request to harassment or intimidation, local authorities have both the right and responsibility to intervene.
That’s what makes navigating the practical and ethical aspects of adopting policy on panhandling difficult. It’s a hard needle to thread.
Here in the United States, panhandling is protected as free speech. It is not entirely without constraints, however. The Supreme Court has ruled that restrictions on time, place and matter can be applied, but must be narrowly tailored to serve the government’s legitimate, content-neutral interests. In so many words, a city or town can’t ban beggars just because they don’t like them.
In 2018, Starkville was one of four Mississippi cities to repeal its panhandling ordinance after the American Civil Liberties Union warned them that their ordinances were overly broad and therefore a violation of the Constitution. The Starkville ordinance read that “it shall be unlawful for any person to peddle any goods, ware merchandise or services, or to solicit any contributions of any kind for any charitable, educational or other purpose, while standing in or upon any public roadway.”
What is at issue now is what role the city can play in intervening when panhandlers on commercial properties. How can the city legally respond in those circumstances?
It should not be illegal to ask for help in this country. But citizens also have the right not to be intimidated or harassed. At that point, it’s not a request, but coercion.
Where can the line be drawn that treats everyone fairly? The city wants your input.
We encourage Starkville citizens to carefully consider this issue, then attend the city’s public hearing(s) to listen to the ideas of others and share your own.
The Dispatch Editorial Board is made up of publisher Peter Imes, columnist Slim Smith, managing editor Zack Plair and senior newsroom staff.
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