McManus proposes plan to ticket drivers for giving to panhandlers

SAPD Chief William McManus SAPD Chief William McManus Photo: John Davenport / San Antonio Express-News Photo: John Davenport / San Antonio Express-News Image 1 of / 1 Caption Close McManus proposes plan to ticket drivers for giving to panhandlers 1 / 1 Back to Gallery

SAN ANTONIO — A little act of charity — giving a buck or two to a panhandler — soon could become a criminal offense in San Antonio.

During a briefing Wednesday on quality-of-life issues, Police Chief William McManus told the City Council's Public Safety Committee that he's working with the city attorney's office to craft an ordinance that would give police the authority to cite those who give cash to panhandlers.

The act of asking for money already is illegal in much of San Antonio. Now, McManus wants to address the other side of the issue. He expects to present a draft ordinance to the committee next month.

“If it's a crime to panhandle, it should be a crime to give to panhandlers as well,” McManus told the committee.

He acknowledged that the ordinance would be controversial.

Wayne Krause, legal director for the Austin-based Texas Civil Rights Project, balked at it.

“The idea of criminalizing people giving is both unkind and legally unsound,” he said. “The First Amendment protects the right to ask for help. It certainly protects the right to choose to whom we give assistance. And the idea that we could criminalize charity is mean and likely unconstitutional.”

The concept was mostly well-received by the committee.

Councilman Mike Gallagher applauded McManus' efforts, saying he often gets complaints about panhandlers. They risk bodily harm by stepping into busy thoroughfares, and they risk injury to drivers who have to avoid them, the councilman said.

But Councilman Joe Krier, also on the Public Safety Committee, said he doesn't back the proposal.

“I'm not inclined to unnecessarily regulate citizens' freedoms,” he said. “One of those freedoms is to give away money. And another of those freedoms is to say no.”

McManus said there's a problem in San Antonio with aggressive panhandlers, who sometimes spit on windshields when they're not given money. And, he said, drivers sometimes run red lights to get away.

The draft ordinance is expected to include language that would make it illegal not only to give panhandlers cash, but food, too.

The ordinance wouldn't be just for drivers, either. McManus said it would apply to anyone giving out cash or other things of value anywhere panhandling is illegal.

In 2011, the city made it illegal to ask anybody for money within 50 feet of crosswalks, bus stops, ATMs, bank doors, check-cashing businesses, parking meters and pay stations, restaurants and other places. The new proposal also would make it a Class C misdemeanor to give money to anyone asking for it in those areas.

City ordinances also prohibit soliciting money on city streets. The ban doesn't affect charities and other nonprofit organizations that get permits allowing them to seek contributions. Nor does it apply to the San Antonio Express-News hawkers who sell papers at major intersections on the weekends.

If the proposal becomes law, police officers potentially could pull over a driver seen passing anything to a panhandler. Once the ticket is issued, McManus said his officers could circle around and cite the panhandler as well.

McManus told the committee there's no way for the Police Department to arrest its way out of San Antonio's panhandling problem. But he said citing those making contributions, combined with an aggressive public-awareness campaign, could make a dent.

Once the money dries up, he said, panhandlers won't spend their time on street corners.

State and federal courts have ruled on both sides of the constitutional issue of whether panhandlers can solicit in public.

City Attorney Robbie Greenblum said his office understands “the challenges inherent in prohibiting a person from providing resources to someone standing on the street and asking for money.”

Staff Writer Nolan Hicks contributed to this report.

jbaugh@express-news.net