Kathleen Gray

Detroit Free Press Lansing Bureau

LANSING — Aggressive panhandling would become a crime carrying a $100 civil fine under a bill that passed the House Criminal Justice Committee on Tuesday.

“Soliciting in public is a common practice, but there are instances when solicitors can be intimidating and aggressive,” said state Rep. Mike McCready, R-Birmingham. “There’s been a large growth of panhandling on the Woodward corridor, with people on corners holding their signs asking for money ... which I believe they have every right to do.

But community residents are running into instances in which the people asking for money are being more aggressive, “and then it crosses the line,” said McCready, the sponsor of the bill.

State Rep. Gary Howell, R-North Branch, agreed, saying his wife has been approached at the grocery store.

“It was a very intimidating situation, particularly being continually solicited after declining to give,” he said.

Birmingham seeks limits on panhandlers

The bill would prohibit a panhandler from making physical contact with a person asked for money; approaching a person in a manner intended to cause bodily harm; continuing to solicit a person who has declined to give, or obstructing a person from moving away.

The bill passed on a 5-3 party-line vote with Republicans supporting the bill and Democrats opposing it, saying there are already laws on the books that could be used to deal with aggressive panhandlers.

“What prevents prosecutors from charging someone with other types of crime, like assault?" said state Rep. Vanessa Guerra, D-Bridgeport. “I feel as though we already have laws to deal with this.”

Shelli Weisberg, legislative director for the ACLU of Michigan, said the law was targeting a single class of people when many other types of solicitors are approaching people on the street.

“There are many people on the street who may approach you in an aggressive manner, but we’re only singling out panhandlers with this,” she said. “Because it’s a civil infraction, poor people will be charged with a $100 fine. I’m not sure what happens when they can’t pay that fine.”

Bay City adopts regulations to address panhandling

Indigents can get a court-appointed attorney if they’re charged with a criminal offense, but not with a civil offense, Weisberg noted. “So they won’t have the ability to have a defense because they won’t be able to hire or pay a lawyer.”

State Rep. Kurt Heise, R-Plymouth, said the bill provides guidelines for panhandlers, who courts have ruled have a constitutional right to ask people for money. But, he said, they shouldn’t have the right to be aggressive about it.

“This at least establishes some boundaries,” he said.

McCready offered another suggestion for dealing with panhandlers.

“Donate to shelters or centers where they can go if they really need the help. By just handing them the money, you may feel good about it, but you’re only helping them buy the vices that put them into this situation,” he said. “More mothers have talked to me about getting out of their cars at the Kroger (near downtown Birmingham) and being approached. They don’t like it. They’re very uncomfortable with it.”

The bills — HB 5103 and 5104 — now move to the full House of Representatives for consideration.

Kalamazoo passes panhandling rules update

Contact Kathleen Gray: 313-223-4430, kgray99@freepress.com or on Twitter @michpoligal