You sorta knew it was coming. The courts have ruled against begging bans, and in favor of panhandlers, for years. A person of a more judicial frame of mind might put it differently. That is, they've ruled against begging bans and in favor of the First Amendment, thank you very much, and court dismissed. No accounting for judicial temperament. Not that we would repeat that in certain, and more official, settings.
A body is hard-pressed to avoid panhandlers these days, and in these latitudes. No matter the chill you might feel today, Arkansas is more favorable to begging than, say, Chicago might be. It's easier and more comfortable to hold a sign on McCain Boulevard than it would be just now on Lake Shore Drive. And folks in these climes, let's face it, are unmistakably friendly. Demonstrably friendly. Transparently friendly.
But the fact is, there is little excuse for panhandling these days, in Arkansas or anywhere else in the United States. Sure, there might be pockets of places in certain big cities that have high unemployment rates. But the rate in these parts hasn't been over 4 percent in years. The experts who study these things say that any unemployment rate below 5 percent is actually full employment--or what those who study the Dismal Science call "frictional unemployment." Because the rate can be explained by people moving across the state, getting other jobs, or going back to school.
Yet there they are. And they don't just beg in front of restaurants, or on interstate exits, but sometimes as we exit our cars, waiting for us to park so they can ask for a little help.
It's hard not to try to help, to do something, when possible, for we have our souls to think about. But most of us would support local ordinances prohibiting, at the very least, aggressive panhandling. (Working in downtown Little Rock, we have some stories.)
This past week, another court was heard from. Back in 2017, a U.S. District Judge in Little Rock tossed out a state anti-loitering law aimed at beggars. And last week a higher court upheld on appeal. Just as more local rules were thrown out, so was this statewide law. Judges say rules, ordinances and laws can't restrict types of speech. And asking if a person can spare a dollar is, without a doubt, speech.
Elected leaders of Arkansas, and those who elect them, are learning that we can't legislate our way out of the problem. But there may be better ways.
Some cities are following Albuquerque's lead, and the There's A Better Way Program out west. It offers panhandlers jobs, one day at a time. Some are put to work picking up trash. Some do landscaping. And at the end of the day, they are paid.
Back in the summer, this newspaper's Rachel Herzog reported on a similar work program in Little Rock, in which the homeless (or just unfortunate) are transported to jobs in city vans, and are paid at the end of the day for the work they've done. Not only that, but they can be put in contact with agencies and service providers that can help them even more than cash can provide.
Also, this year, other cities around the state--for example, Hot Springs--announced they would pay minimum wage to panhandlers, if they were willing to work.
Of course, the greatest frustration for many, including ourselves, is watching able-bodied adults who have zero mental or physical disabilities standing at the street corner with signs, collecting handouts all day. Which is why, we suppose, so many citizens support the anti-begging laws. (That, and the aggressive nature of some of the beggars.) But none of us are clairvoyant enough to determine who's really on the outs and who's just avoiding honest work.
The best way to stop panhandling in dangerous situations: Stop giving money to people at red lights or on off-ramps. They're there because that's where the money is. (Sutton, W.) If the money dries up, they'll at least have to go to safer environs.
It's a safety concern. Even if the courts keep telling us it's not a legal one.
Editorial on 11/10/2019