Aug. 27 -- As Alexus Doss stood in line inside the Burger King on Lafayette and Trumbull on a recent day, a man asked her and a friend for a dime so he could buy food.
Doss, 19, gave him a quarter. Her friend just looked at him.
In a few weeks, his request will be illegal.
An ordinance passed July 31 by the Detroit City Council will make begging inside the city's restaurants and near ATMs, gas stations and drive-through windows a misdemeanor punishable by up to 90 days in jail. When it becomes effective, as early as next month, the city will join communities including Royal Oak, Birmingham and Ann Arbor with similar ordinances.
City officials said they did not have statistics available on the number of people believed to panhandle in the city. But on a recent day, panhandlers were seen asking for spare change in and around gas stations, restaurants and stores. Many are peaceful and believed to be homeless and unemployed. Asking for money may be their only way to pay for a meal.
But some people said they've been physically blocked from moving away or followed and repeatedly asked for money by those unwilling to take no for an answer.
"I used to be more concerned about getting gas at night, but now you don't know who will walk up on you at any time of day," said Toya Russell, 37, of Detroit, who supports the ordinance. "You don't know if someone is really homeless or just hustling you."
Panhandlers can be so intrusive that council President Charles Pugh said he sometimes avoids certain places.
"There have been times when I purposely drove away from a gas station after seeing people loitering because I didn't feel like dealing with it," said Pugh, who supported the measure.
The city's ordinance was approved 4-2, with Saunteel Jenkins, Pugh, Andre Spivey and Gary Brown in favor and Brenda Jones and Joanne Watson against. Kwame Kenyatta and Ken Cockrel Jr. were present but didn't vote, and James Tate was absent.
The ordinance is a narrower interpretation of previous city law and makes it illegal to continue to ask individuals for money after they have said no.
Those who linger on the grounds of a business after being told to leave also can be prosecuted, but the law doesn't apply to panhandlers who frequent busy freeway intersections.
A police request prompted the discussion about the ordinance, coupled with a request for approval from the city's legal department, said Kirsten Ussery, spokeswoman for Pugh. It's unclear how the ordinance will be enforced. Ussery said plans for enforcement or funding have not been discussed yet.
Still, "it will help us in the rare instance when someone is engaging in intimidating behavior," Detroit Police Second Deputy Chief Michael Falvo said.
Detroit's new ordinance was carefully constructed so that it does not prohibit begging, but limits where panhandling can be done.
Courts across the U.S. have overturned legislation seeking to outlaw panhandling. A previous ordinance in Detroit was struck down in 36th District Court 16 years ago because it was too broad, Pugh said.
The American Civil Liberties Union has filed a federal lawsuit against Grand Rapids and the State of Michigan, saying their anti-begging laws infringe on the right of free speech because they are so broad as to include peaceful requests for money. A ruling in the case is pending.
ACLU of Michigan staff lawyer Dan Korobkin said Detroit's law is in line with narrower anti-begging laws, such as one recently revised and enacted in Royal Oak.
"You've got to commend them for making improvements, but on the other hand, we have concerns about how they're going to enforce it," Korobkin said.
Edward Apoian, an attendant at the Marathon gas station at Fort and Trumbull, said the station has called police about panhandlers, but officers were slow to respond.
"We have called many times before and the police take forever to come so I hope this is strict and the police can do better," said Apoian, 50, of Dearborn.
In Birmingham, police do not allow panhandling in public places but don't typically make arrests.
"As long as they are discreet and we don't get calls on them, we leave them alone," said Birmingham Police Cmdr. Terry Kiernan. "We don't really use our begging ordinance and end up arresting people for trespassing."
Ann Arbor urges visitors downtown to consider donating to a charity or organization that assists homeless people, instead of giving money to panhandlers.
"People want to be kind, giving and generous, but what we've learned after meeting with panhandlers, they almost always don't need for a place to stay and the money is for an addiction," said Susan Pollay, executive director of Ann Arbor's Downtown Development Authority.
Judy Sadler has panhandled in Detroit since she lost her job 10 years ago. She said she never asks for money in a way that would break the city's new ordinance, and she hopes it does not prevent her from getting enough money for food.
"Sometimes people are homeless and don't have anything, and we're not going to starve," said Sadler, 46. "Some people would rather be out stealing, but we're asking and we're quiet."
Contact Melanie Scott Dorsey: 313-222-6159 or [email protected]
Copyright 2012 - Detroit Free Press
