A proposal to severely restrict panhandling in the city of Pittsburgh might please Downtown businesses, but could raise civil liberties issues.
The ordinance introduced in City Council by Mayor Tom Murphy's administration yesterday would ban panhandling near sidewalk cafes, street food vendors, bus stops, automated teller machines and lines of people waiting for admission or tickets to events.
It would allow people to ask passers-by for money only during daylight hours, defined as 6 a.m. to 8 p.m. during daylight-saving time, and from 9 a.m. to 6 p.m. during standard time.
"I think there are many problems" with the proposal, said Witold Walczak, legal director of the American Civil Liberties Union of Pennsylvania. "First Amendment rights don't disappear when the sun goes down."
Murphy could not be reached for comment.
The legislation is a priority of Downtown businesses, said Michael Edwards, executive director of the Pittsburgh Downtown Partnership.
"We wanted to get some kind of ordinance that gives us enforceable and effective legislation that can keep Downtown fun and help us attract business investment," he said. "We're trying to balance the rights of everyone Downtown," including panhandlers, he said.
The ordinance would allow panhandling in public areas like alleys, bridges, driveways, parking lots and entrances to buildings and dwellings.
Panhandlers would be barred from a variety of "aggressive" actions, most of which already are illegal. Violations would be punishable by a $25 fine for first and second offenses, and a $50 fine for subsequent offenses in the same year.
The ordinance's definition of panhandling includes all requests for donations, including those by religious groups and community organizations. Busking -- defined as the public provision of entertainment without a vocal request for money -- would be expressly permitted.
"Are we discriminating against the talentless here?" Walczak asked of busking's special status. In other cities, stringent restrictions on soliciting money have been the subject of ACLU lawsuits, he said.
A council vote could come within two weeks.
