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Peace at any cost is a Prelude to War!

Newsom wants to widen ban on S.F. begging
Plan would cover median strips, ramps, movie lines, parking lots

Rachel Gordon, Chronicle Staff Writer    Saturday, December 29, 2001


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San Francisco -- A decade ago, San Francisco voters outlawed aggressive
panhandling in the city. A couple years later, they went after soliciting
money near ATMs. Now, there's a plan at City Hall to broaden the ban --
targeting begging everywhere from movie lines to parking lots.

Supervisor Gavin Newsom outlined this week his proposed legislation that
would prohibit panhandling along median strips and freeway ramps, around
parking meters, in front of banks and check-cashing businesses, in parking
lots, around transit stations and places where people are lined up to go into
a building. Violating the ban would be a misdemeanor that could carry a $500
fine and six-month jail term.

The last supervisor to go after panhandlers was Amos Brown, when he
unsuccessfully tried to prohibit begging on median strips along busy streets.
Newsom's bill would go much further than what was proposed by Brown, who was
voted out of office last fall.

"This is not legislation I'm particularly proud of," Newsom said. "But the
problem is so dominant and disproportionate in a city our size that something
needs to be done."

Newsom said he has received numerous complaints from constituents fed up with
not being able to walk down the street or wait for a movie or park their car
without being hit up for money.

Mara Raider of the Coalition for Homelessness said begging is a fact of life
where there are poor people.

"This is yet another political attempt to legislate poverty out of sight,"
she said. "It's not the answer, and he knows better."

Newsom said that by allowing panhandling, "we are subsidizing failure, we're
subsidizing addictions, and we're subsidizing people's fears."

Ask the panhandlers, and they say the donations they receive from passing
strangers help them get by.

Char Gunning, a mother of two school-age boys, stood on the corner of Fifth
and Harrison streets in San Francisco's South of Market neighborhood one day
this week begging for cash from drivers coming off the freeway. She lives
with her kids and sister in a small studio apartment, and the only money she
brings in comes from panhandling.

She makes $5 to $25 an hour, and stands on the corner an hour or two a day.
She would panhandle there more, but the folks who beg at the popular spot
rotate, setting up shifts.


JOB IS OUT OF THE QUESTION
Gunning, 40, said she's not addicted to drugs or booze. Her demon is
depression and low self-esteem. Holding down a regular job is out of the
question right now.

She said of Newsom's plan: "It's a shame. For those of us who haven't been
able to pick ourselves up, to dress right to get a job, this (panhandling) is
a nice legal way to get money. This is our survival, really. We don't need to
be harassed. We need to be helped."

Chris Sears, another beggar at the intersection, called Newsom's plan "mean-
hearted." Sears said he's not harassing people when he panhandles. He simply
holds up a sign asking people for help.

"I can see the point of view that panhandling is an eyesore," he said. "But
I'm not hurting anybody."

Sears, 40, said he lost his job of 13 years as an auto detailer a few years
ago after a disagreement with a new manager. He is homeless and addicted to
drugs.

"I'm not proud of what I'm doing, and I'd like to change my situation," he
said. "But for now, this is what I've got."

In the first five minutes during his "shift," one driver handed him a small
bottle of apple juice, another gave him a loaf of sliced bread. Around
Christmas, someone handed him a wool coat.


OUTREACH PART OF CRACKDOWN
Newsom, who is considering a campaign for mayor, said he isn't trying to be
mean-spirited. He wants to link a police crackdown on panhandling with
outreach and education to get people the services they need.

He has additional legislation to expand the homeless shelter program in San
Francisco and to cut back the bureaucratic barriers keeping people out of the
shelters. He's also championed more drug treatment for the addicted.

"People shouldn't be out on the streets begging for money," Newsom said.
"That just feeds their dysfunction, feeds their addictions. . . . I'm not
suggesting this is the answer to the homeless problem in San Francisco, but
it certainly doesn't do a disservice to these people, and it may actually get
them the help they need."

Raider, from the homeless coalition, noted that efforts to couple outreach
with enforcement in the past have not worked because there aren't enough
services to handle the demand. Current budget problems may make matters
worse.

Newsom said he is using parts of anti-panhandling laws on the books
throughout the country -- from New York to Seattle and closer to home in such
cities as Berkeley, Mountain View and Palo Alto -- to craft his measure. He
said it will be tailored narrowly enough to withstand an expected
constitutional challenge.

Critics argue that begging is a First Amendment protection. Courts have
generally upheld laws that restrict -- but not outright ban -- panhandling.

Newsom will formally introduce his proposed ordinance at the next Board of
Supervisors meeting on Jan. 7. With a majority of supervisors left-of-center
politically, Newsom will have a difficult time getting the votes to pass his
proposal.

Newsom said if the board doesn't support his plan, he'll try to put it before
voters. Former Mayor Frank Jordan, who was often thwarted by a more liberal
board, did just that when he went to the ballot to win voter approval in 1992
to ban aggressive panhandling and in 1994 to ban begging around ATMs.





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