Critics say Springfield’s ‘pedestrian safety’ law is actually a crackdown on panhandlers

Nancy Piddington has been homeless, on and off, for the past six years.

The 47-year-old thought she knew the rules for panhandling: Don't bother anyone and the police won't bother you.

She didn't know that in January, the city of Springfield would begin enforcing a new ordinance. City officials say the measure is meant to keep pedestrians safe, while panhandlers and an advocate for the homeless say it's a cover to crack down on those trying to make a living on the streets.

On Jan. 10, an officer ticketed Piddington while she was doing something she's done at least a hundred times before — "flying a sign." That day, she was at the corner of Campbell Avenue and Sunshine Street.

The sign said: "Homeless and hungry. Anything Helps. Thank you. God Bless."

City officials would say it wasn't the act of panhandling that led Piddington to be ticketed. They would point to a provision of the pedestrian ordinance that prohibits anyone from staying on a median for longer than necessary to cross the road.

Past efforts by the city to curb panhandling have been foiled or unsuccessful. A law that banned aggressive solicitation was repealed in 2016 after the American Civil Liberties Union sued the city.

Last year, the city and nonprofit organizations introduced a pilot program meant to connect panhandlers with jobs and resources. Not many people accepted the offer, and even fewer found jobs. The program was abandoned.

Since police began enforcing the "pedestrian safety" ordinance in January, the vast majority of the people, like Piddington, were cited for spending time on medians. Officials acknowledge many of them are likely panhandlers.

Some city leaders also acknowledge, since the new law has been in effect, the presence of panhandlers at Springfield intersections has noticeably decreased. At the same time, some nonprofit organizations are questioning if a recent spike in the number of homeless people seeking services might be related.

Piddington: "The city is trying to eradicate the homeless"

Piddington and others who have been ticketed believe that the ordinance is less about safety and more about making it harder for people who try to make a living by panhandling.

"The city is trying to eradicate the homeless and making it harder and harder for us to survive," said Piddington, who had been cited at least one other time since January. "Why are they making it almost impossible for people who want to better themselves to do it?"

What the new rules say:

Pedestrians are required to cross busy streets at certain locations, such as intersections or crosswalks.

People cannot stay on medians for longer than necessary to cross the street.

Except in the case of an emergency, people cannot exit vehicles in certain areas.

Drivers are not allowed to exchange items with pedestrians on busy roads.

In the first six months of enforcement, only one motorist had been ticketed under the ordinance, according to then-police spokeswoman Lisa Cox.

The rest have been pedestrians, many of whom were sitting or standing at medians when they were approached by police.

A News-Leader review of citations show people are being cited under one out of the four provisions far more frequently — a prohibition against staying on a median for an extended period of time.

Between Jan. 1 and May 14, officers issued 65 citations for alleged violations of the pedestrian safety ordinance.

About 92 percent of citations were written for "median violations." Few reports definitively say what the person was doing on the median. Police reports describe some subjects as holding cardboard signs or soliciting money; a few are identified as being homeless.

In March, one officer wrote that one man had a cardboard sign that read: "Will work bless ya forgive me."

Asked about the sign, the man explained to the officer that it meant, "Forgive me for being out here doing this." He said he had been on the median for 25 to 30 minutes and made "about $2."

The man said he had not worked in more than a year, the officer wrote.

"He admitted he was not interested in working at McDonald's or Wendy's and wanted some type of general labor job, but a hurt leg that had prevented him from doing that," according to the report.

Piddington, who was among the first people cited under the new regulation, said she and her husband have struggled to find housing because of his mental illness and a property damage conviction on his record.

"I am not derelict, I am not a drug addict, I am not an alcoholic," Piddington said. "...Everyone thinks we’re dirty, lazy people who don’t want to work. That we’re drug addicts, we’re alcoholics. Sure, there are some like that — people who don’t want to, I guess, be a part of society. There are some of us who are truly struggling and truly trying to make a living and we just can’t catch a break."

Officials say panhandlers absolutely not the target

Municipal Prosecutor Carl Yendes said it would be fair to say many of those suspected of median violations were likely soliciting money.

However, Yendes said, people are not being ticketed for panhandling. They are being written up because they are staying on medians for a longer period of time than what is allowed under the law.

"We are trying to enforce this in a manner that preserves people's First Amendment rights but also ensures safety at these busy intersections," Yendes said.

The ordinance only applies to "arterial intersections" and "arterial roadways," which have higher traffic volumes or speed limits of 35 or more miles per hour.

Panhandling activity is not prohibited on smaller streets and on public sidewalks.

Springfield Police Chief Paul Williams said panhandlers are "absolutely not" being targeted in the enforcement of the pedestrian safety ordinance.

Williams said anyone standing on the median, no matter what they are doing, could be cited.

"People who advertise an event. Some use it as means of transportation. (They) walk down a median instead of a sidewalk. It's not just people who are requesting something from someone," Williams said. "Although I would agree that is the most prevalent instance we've encountered."

There's a simple explanation for why people are getting cited more frequently for median violations, instead of other parts of the ordinance, according to Williams.

Those are the types of violations that are most commonly seen by patrolling officers or reported by citizens, he said. It's also easier for officers to come across or locate people who are sitting or standing at a median for an extended period of time, according to Williams.

"Think about someone standing at an intersection, handing out a flyer, and someone calls a complaint on them," Williams said. "(An officer) gets there minutes later — 10, 15 minutes later. That person is more likely to still be there than someone crossing Glenstone in the middle of the street, not at a traffic signal or crosswalk, somebody sees that and calls in a complaint on that. By the time the officer gets there, who knows where they went?"

Hearts for the Homeless founder Devery Mills said city officials' explanations are "just hogwash."

"I can't even tell you one time I have seen someone standing in the median advertising anything," Mills said. "They just had to throw that in there so it didn't look like they were targeting panhandlers."

For the past nine years, Mills has been helping people in need through her organization, Hearts for the Homeless. She works closely with the homeless and posts requests for donations for specific individuals and families on a Facebook page, which is followed by about 6,000 people.

Mills believes the ordinance "is a cover for what they're doing underneath," preventing people from soliciting money at intersections.

To bolster her point, Mills references another action that is illegal under the pedestrian safety ordinance, "distribution conduct."

Under the law, people in vehicles cannot give or receive items from a pedestrian standing in or entering a busy street.

"You could be fined for handing things out your window. If this is not about panhandlers, what is this about? Who would be handing stuff out the window of their car? As a rule, who does that? Unless you're giving something to somebody who needs it," she said.

"I don't think the ordinance is aimed at keeping people safe," Mills said. "How many people have actually been hit or caused an accident from being at a median? I know of one person where there was an accident, on West Sunshine."

Williams told the News-Leader off the top of his head, "there aren't a lot of people who are struck standing on a median."

It's a dangerous place to be, though, according to Williams. Pedestrians are hit in roadways near medians and at busy intersections.

"Someone who stepped off the median who had been on the median, crossing inappropriately, not at a crosswalk or against a light. Those things do happen," he said.

Data: Fewer pedestrians are getting hit by cars, injured this year

Williams said the pedestrian safety ordinance is doing exactly what it was written to do — reduce the number of people hit by cars. He pointed to this year's numbers.

So far in 2018, there have been 54 pedestrian-involved crashes, according to the Springfield Police Department. That averages out to 7.71 incidents a month. In 48 of those cases, the person suffered non-fatal injuries. Three people have died.

The average number of crashes involving a pedestrian — and those that result in injuries or death — per month is slightly lower this year than it has been during at least the previous four years, data from the police department shows.

Pedestrian deaths are a serious problem in Springfield, said a consultant hired by the city to study the issue last year. The percent of fatal crashes that involve pedestrians in Springfield is higher than both the state and national averages, he said.

In addition to enforcing new rules, the city has also implemented an education campaign about pedestrian safety using "Mr. Walker" statues and decals.

Williams said, "education efforts are really paying off."

"There is a lot of reduced pedestrian traffic in the roadways, which keeps everyone safe," he said.

James Ordiway agreed that the city needs to improve pedestrian safety. The 54-year-old said he and his wife, who uses a wheelchair, have been homeless for more than five years.

Ordiway pointed out that several of the pedestrians who were hit and killed by vehicles in recent years have been homeless. However, he believes that distracted drivers are the problem.

"Crack down on people texting and talking on their cellphones while driving," Ordiway said. "They need to pay attention to that and leave the homeless people alone .... All we want is to stop cops from harassing the homeless people."

In May, City Council debated a proposed distracted driving ordinance. Council did not vote on it; instead, it was sent back to a committee for further review. The committee has met twice since but has not taken up the distracted driving issue.

Ordiway told the News-Leader he was approached by a police officer while he was panhandling on Jan. 25, at the intersection of National Avenue and Chestnut Expressway.

"We've got a lot of homeless people out here. This is what they do. This is what they do to survive out here," Ordiway said.

He received a $150 ticket for the median violation in January. He said the ticket was "thrown out" in court and he was not required to pay the fine.

Ordiway said he can usually make $30 to $40 by noon if he goes out to panhandle in the morning. Many of his friends have stopped panhandling or moved on to other places since police started enforcing the ordinance, he said.

Many agree that Springfield streets appear to have fewer panhandlers

Several people interviewed by the News-Leader — including city officials, as well as those who had been ticketed — agree that the number of panhandlers in the city appears to have dwindled since the city began enforcing the pedestrian ordinance.

Chief Williams said many have noticed the apparent decline in numbers.

"I get that comment a lot, that people aren't seeing anyone standing at an intersection or a median and creating that dangerous situation, whether they're soliciting goods or services or handing out flyers or just using it as a shortcut to where they want to get to," Williams said.

"That's a good thing. And if it had the collateral effect of reducing those folks who are perceived as panhandlers in the middle of an intersection, that's probably a good thing too," he said.

When Belva Brown lived in Springfield more than a year ago, she saw panhandlers everywhere.

"Every cotton-picking street corner had a person begging. Every corner in Springfield," Brown said. "It gets old when every time you pull up to a stop sign or a stoplight you see someone because you feel bad."

One of them was her son, Lance Cole.

Brown told the News-Leader that her son is a recovering alcoholic and has been homeless for more than two years.

Lance Cole was cited on Jan. 28 at Kansas Expressway and Republic Road. An officer wrote that Cole was seen holding a sign and "appeared to be panhandling."

Brown said she can see why people might want to cut down on the number of panhandlers.

However, as the mother of a homeless panhandler, Brown said the city should provide more resources to help people out of poverty.

Brown hopes her son will be accepted into Eden Village, a planned community of tiny homes for homeless people located in north Springfield.

MORE: Tiny home village for homeless people to be 100 percent solar powered

"It's a wonderful thing if they had an alternative for them," Brown said. "But not enough of that is going on, and it takes too long to get."

The director of homeless services at the Community Partnership of the Ozarks, Adam Bodendieck, told the News-Leader that some specialists in his office and other advocates have been asking themselves if the pedestrian ordinance has something to do with a record number of homeless people seeking help from Safe to Sleep and other nonprofit organizations.

"They're trying to wrap their brain around what might be causing such a spike in numbers, causing such an increase at a point of year where you might normally see decreases in numbers served," Bodendieck said. "That's just one possible idea that's been thrown out there."

Bodendieck said he's known some of the people who have died after being hit by a motorist in past years.

"Anything that is done to decrease the risk of any population accidentally getting run over, I think is a good thing," he said.

Mills, who runs Hearts for the Homeless, said she used to get eight or 10 calls or messages a day for assistance.

"I now get 10 to 15 or 20 every day," she said. "...Some people are just wanting gas. Some people are needing food. Some people need bus tickets. Some people want housing."

Mills said she doesn't know why there's been an increase in numbers, but said it's possible that those are the sorts of things that people used to be able to fund through panhandling.

Springfield used to have a panhandling ordinance. Here's why it was repealed.

There's a reason, Mills said, for why she believes Springfield officials would try to cut down on the number of panhandlers in the city while denying they're doing so.

It has to do with the American Civil Liberties Union.

In December 2015, a 61-year-old Springfield resident and the ACLU filed a lawsuit against the city, claiming his rights were threatened when a police officer attempted to stop him from panhandling.

That same month, a judge had approved a preliminary injunction that prohibited the city from enforcing a stricter panhandling ordinance which had been passed the previous year.

Council repealed the panhandling law in February 2016 in an 8-1 vote.

The ACLU has also sued Bolivar and Joplin, alleging their panhandling ordinances infringed upon First Amendment rights.

Bolivar's Board of Aldermen repealed the restrictions in 2015. According to the Joplin Globe, Joplin city officials agreed in July to suspend the enforcement of a panhandling ordinance while the lawsuit makes its way through court.

Mills said the ACLU's lawsuits are the reason that the city implemented the pedestrian ordinance.

"If they say it's a safety issue, it's less likely that the ACLU can come along and do something about it," she said.

Springfield Mayor Ken McClure told the News-Leader that panhandling was not part of the consideration when council members decided to look into a pedestrian ordinance.

"When we started seeing these increases in pedestrian fatalities and intersection crashes involving pedestrians, it was high time the city took a close look at that and brought in someone to research that more," he said.

The ordinance language was modeled after recommendations presented by St. Louis-based traffic engineering and transportation firm CBB. The city paid the consulting firm about $65,000.

McClure said it's part of a larger effort to combat pedestrian deaths. McClure talked about the "SGF Yields" campaign, launched last summer, which uses yellow "Mr. Walker" statues, stickers, signs and videos to educate residents about pedestrian safety. It encourages walkers to use crosswalks and be aware of their surroundings and drivers to keep an eye out for pedestrians.

"Pedestrian safety is what is driving all of this," McClure said.

Previous effort to put panhandlers to work failed

Last year, City Council members would regularly hear complaints from residents and visitors alike, wondering why they didn't do anything to stop people from panhandling.

It was bad for business or bad for tourism, some of the complainants said.

In March 2017, then-City Manager Greg Burris said panhandling had become more of a problem, likely due to increasing levels of poverty, milder-than-normal weather and federal court rulings that have ensured panhandling can occur in most public locations as a free speech issue.

At the time, the city introduced a program, called Wheels to Work, meant to connect panhandlers to jobs and resources by picking them up at designated intersections.

The Wheels to Work pilot program was discontinued after a few months.

Wheels to Work was not successful in helping people find employment, according to city spokeswoman Cora Scott.

More than 80 percent of people surveyed by the program said they had substance abuse or mental health issues, Scott said. Many had physical health issues as well, preventing them from working in positions that required manual labor. The people who qualified for day jobs had trouble finding transportation.

Wheels to Work taught the city and community partners some important lessons, Scott said.

"We need to back up, we need to go further upstream," Scott said. "...Trying to get to the root causes of what puts people into these types of conditions."

In June 2017, people standing or sitting at certain Springfield intersections were approached by volunteers in bright orange safety vests.

MORE: In first week of city-led panhandler program launch, six get on board

They were offered bottles of water and packaged snacks. Rain ponchos and clean socks. If they hopped on board, they could get a free ride to Victory Mission for a shower and clean clothes. From there, they could go to One Door for more services, or the Missouri Career Center to look for jobs.

They were told that the buses would be back again at those same corners every week.

Starting in December, officers started warning people at some of those same intersections— as well as other busy intersections all across town — that they were no longer allowed to be there. A month later, they started writing tickets.

What does the ordinance say?

The pedestrian ordinance applies to arterial intersections and arterial roadways.

An arterial intersection is one that has a speed limit of 35 miles per hour or greater; and/or average traffic volumes greater than 15,000 vehicles per day on at least one roadway; and/or a median less than six feet wide.

An arterial roadway is any road with a speed limit of 35 miles per hour or greater and/or average traffic volumes greater than 15,000 vehicles per day.

Pedestrians are required to cross roads at crosswalks. If there is no crosswalk, then he or she must cross at a pedestrian-control signal. If there is neither a crosswalk or pedestrian-control signal, then the person must cross at an intersection. People cannot stay on medians for more than “two consecutive opportunities to cross the roadway in a lawful manner.” People cannot exit vehicles at certain intersections unless it’s an emergency. Pedestrians cannot be on streets unless they are lawfully crossing the roadway. They cannot approach a vehicle unless the vehicle is parked. People in vehicles cannot give receive items from a pedestrian standing in or entering a busy street.

Since Cox was interviewed for this report, she has left the police department for another job.