Dallas may begin fining individuals up to $500 for standing or walking on street medians.
The new ordinance was proposed in the City’s efforts to curb street and roadside panhandling. Safety and waste are two of the main worries for City leaders.
An ordinance banning pedestrians from standing on medians less than six feet wide, roads without medians, and other parts of streets such as bike paths will be discussed by the Dallas City Council next Wednesday. Anyone suspected of breaking the new regulation could be given a Class C felony ticket resulting in a fine of up to $500.
Last year, The Dallas Express reported the City began a pilot program to urge people to avoid giving food or money to panhandlers. The City initiated the program to promote donating to non-profit homeless care organizations instead. Everyone was encouraged to call the Dallas’ 311 non-emergency phone line to report people panhandling.
According to a March document from the program, City employees visited roughly half a dozen locations throughout Dallas to tend to 311 calls. However, the study did not provide specific data on interactions with panhandlers.
Local law enforcement and crisis response caseworkers are part of the new initiative. They will respond to panhandling complaints by providing referrals to homeless providers and other organizations with recommendations for assistance with mental health, food and housing issues, and medical illnesses.
If someone refuses help, they may be summoned to testify in community court, which deals with minor offenses, including open container violations and possession of drug paraphernalia.
Community service may be required of those who admit guilt or no contest. Also, a judge can mandate participation in mental illness, substance abuse, housing, and employment programs. According to the City, the person will not have a criminal record due to the ticket.
The United States Supreme Court has declared that panhandling, sometimes known as “charitable appeals for funds,” is permitted by the First Amendment. As a result, cities cannot make panhandling illegal. However, City officials can implement ordinances to prevent individuals from standing on the streets asking for money or food.
To ensure the general public’s safety, executive assistant city attorney Ayeh Powers says laws targeting issues that pertain to panhandling should be enforced for all pedestrians.
“The act of asking for money is a protected activity, but municipalities can have different ordinances related to safety and public safety, pedestrians, those types of things,” said Powers. “So when you apply it to everybody, you should be OK.”
Council members Omar Narvaez and Chad West expressed concerns that they could not approve the proposal as it is unclear.
“If you’re stepping in a bike lane to maybe look out to see if it’s safe to cross, I read it as saying I’m going to get a $500 fine,” said Councilman West.
Both West and Narvaez concluded that they would require additional information before voting on the motion. They also want to know the maximum amount of time people can spend in the median before it is considered an infraction. Narvaez suggested council members examine the ordinance further before making a vote later this month.
