UPDATE: Grand Rapids commission kills proposed panhandling ban

GRAND RAPIDS, MI -- A proposed panhandling ban will sink or swim before the Grand Rapids city commission Tuesday night.

The commission is set to vote on the proposed ban at its 7 p.m. regular meeting at city hall.

The proposed ordinance would ban solicitation from motorists within 30 feet of every intersection in the city between 5 and 7 p.m. each evening.

Solicitation from motorists would also be banned in a 30-foot radius of eight intersections in the city at all times -- most of which are downtown Grand Rapids:

28th Street and Eastern Avenue

Cherry Street and Division Avenue

Fulton Street and Monroe Avenue

Fulton and Ottawa Avenue

Lyon Street and Division

Lyon and Ottawa

Michigan Street and Fuller Avenue

Weston Street and Division

The city is defining solicitation as "actions that are conducted in the furtherance of the purpose of immediately collecting contributions, money or other things of value, for the use of one's self or others."

City officials argue that the ban is in the best interest of public safety, and hired a consultant earlier this year to analyze traffic data.

The eight intersections had at least five or more crashes involving pedestrians between 2012 and 2016, according to the consultant's analysis.

The analysis showed most pedestrian crashes in the city occur in the evening hours between 5 and 7 p.m. -- but did not specify whether the crashes involved people panhandling.

The data analysis was heavily criticized by residents who spoke at a Dec. 13 meeting of the commission.

"It is conspicuous by what's absent in that study: one mention of the word 'panhandler.' It ain't in there. You can look; I've looked three times," said Pete Walsh, an attorney who works with the ACLU, to the commission at the Dec. 13 meeting.

The proposed ordinance states panhandlers' conduct is a safety hazard to drivers, as it is distracting and obstructs their view.

The ban would not apply to groups asking for money for charities or civic organizations.

Violating the proposed law would result in a civil infraction. Four violations would be considered a misdemeanor crime that carries a fine of up to $500 and/or 90 days jail time.

Panhandling in Grand Rapids used to be banned outright -- but the city lost a lawsuit in 2012 after a judge ruled panhandling is protected by the First Amendment.

Controversial attempts to resurrect a portion of the ban in 2014 failed in a split commission vote.

A similar ban was proposed in 2014, which Shaffer, then-Second Ward Commissioner Rosalynn Bliss and former First Ward Commissioner Walt Gutowski backed. Former Mayor George Heartwell, Second Ward Commissioner Ruth Kelly and Third Ward Commissioner Senita Lenear voted against the ban. Former Third Ward Commissioner Elias Lumpkins was absent from the vote.