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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (June 2, 2015)
12A THE DAILY ASTORIAN • TUESDAY, JUNE 2, 2015 Panhandlers: Police response is complaint-driven ‘If it truly is a community livability problem, then the community as a whole is going to have to not support the activity — whatever it is.’ need could be seen as impracti- cal, Ham said. The offense can carry a penal- “What’s the point of citing W\RUD¿QHQRWWRH[FHHGRU VRPHRQHWRJHWDPRQHWDU\¿QH LPSULVRQPHQWQRWWRH[FHHG from someone who can’t afford days. Each day a violation occurs it?” some may ask, Ham said, is chalked up as a different of- which has led the department fense. The ordinance, however, is to question, “Is it really worth not enforced, especially if there is the enforcement action in the not another offense, such as dis- manner of issuing a citation and — Dave Ham orderly conduct. having them appear into court?” Seaside police chief “The problem with it is, there Police instead try to ap- are basically case laws out there After being made aware of calls the department to report an proach the problem with a wid- that contradict” the city’s ordi- this situation and realizing “we incident of panhandling, the dis- er perspective that aims to treat nance, Ham said. might be setting ourselves up patcher often will ask if it only is it at its root. The department A person could claim citing for some bad decisions,” Ham panhandling or if there are other would prefer to offer or sug- or arresting someone for pan- said, the department as a whole aggravating factors that would gest resources for people who handling is a suppression of backed off citing people for only UHTXLUH DQ RI¿FHU WR UHVSRQG WR claim to need assistance. Those their First Amendment rights, panhandling based on advice the situation. The same applies to could include referrals to Help- Ham said. And many people from the city. ing Hands, the South Clatsop street performers. have done so. In at least Arizo- County Food Bank, food pro- Now police response is com- Wider perspective na, Utah, Michigan and Califor- SODLQWGULYHQDQGRI¿FHUVZLOOQRW grams at community churches, (YHQ ZKHQ RI¿FHUV GR UH- the Department of Human Ser- nia in the past four years, courts initiate contact with a panhandler have struck down different types unless he or she is aggressive- spond, they handle the incidents vices and others. The problem, of panhandling laws, ruling they ly panhandling, using profanity as informational or educational +DP VDLG LV RSWLRQV IRU RI¿- are unconstitutional since the to threaten another person, fol- opportunities, Ham said. cers to help are limited, and the Besides the possibility of be- panhandlers they encounter are First Amendment protects the lowing an individual, blocking right to free speech, according VLGHZDON WUDI¿F RU XVLQJ VRPH ing sued for repressing people’s living in a wide range of situa- to the nonpartisan First Amend- other kind of aggressive tactic to First Amendment rights, citing tions. Some are transients, for ment Center. solicit, Ham said. When a person someone who claims to be in whom begging has become an Continued from Page 1A Council: ‘It could have gotten out of control’ Continued from Page 1A Seidel repeated that LaMear was under arrest and began to read her a Miranda warning advising her of her legal rights. As Johnston approached and introduced himself, Seidel said: “Hello Chief Johnston, you’re under arrest as well.” Johnston, who was not in police uniform and did not have his handcuffs, tried to escort Seidel from the council chambers. But Seidel struggled and Johnston took him to the ground. Johnston, who had alerted police dispatch, urged residents who had packed the council chamber for the debate on the Riverfont Vision Plan to call 911 as Seidel squirmed beneath him. “Criminals! You’re all crim- inals!” Seidel shouted at one point during the struggle. 7ZR$VWRULD3ROLFHRI¿FHUV arrived and took Seidel into custody. He was taken to Clat- sop County Jail and charged with criminal trespass, disor- derly conduct and resisting ar- rest. Seidel, an activist, has at- tended City Council meetings in the past. While disheveled, he did not appear angry or threatening before he spoke Monday night, but was con- fused about the agenda item before the council. He tried to speak about a previous item when LaMear intervened. LaMear said afterward she was grateful to Johnston. “It could have gotten out of con- trol,” she said. The mayor said she did not know what Seidel was going to do, “but I also did not feel particularly intimidated by him, because I felt like I needed to control the meeting.” Johnston, who is also the assistant city manager, said Fire Chief Ted Ames told him he had never seen such an incident in 18 years of attending City Council meetings. Others could also not recall a similar disruption. Johnston said he does not think the incident will prompt tighter security at council meet- ings. “It was very unexpected,” he said. “It is an isolated event.” He said he might “look at some things I do differently, but I don’t know that we’ll do any- thing differently for security” for the City Council. integral part of their lifestyle as they travel from place to place; some are homeless and truly need assistance; and others may not need food or work as much as they just desire money. True need? That is what some commu- nity members are experiencing when they interact with panhan- dlers, as well. Residents have shared a number of stories about certain panhandlers quickly disposing of donated food by tossing it into the nearby parking lot, or simply rejecting it outright and insisting they only want money. But there also are stories of recipients who seem to truly be in need and respond with grati- tude when offered food or help from passers-by. One man, who did not want to be named for the article, said he is not from Seaside, but more or less passing through. Panhandling isn’t something he always does, he said, but he’s “going through hard times” and is waiting for XQHPSOR\PHQWEHQH¿WVDQGRWKHU social services to get sorted out. He has a car for transportation and just uses the money he collects for gas and food, he said. Several people in an online discussion on the Seaside Ore- gon Virtual Garage Sale Face- book page expressed frustration about not being able to distin- guish between those who truly are in need and those who aren’t. Some suggested giving the indi- viduals information to Helping Hands or other resources when giving them food or money. For those who are frustrated by the panhandling that often transpires in front of Safeway or elsewhere in town, Ham would suggest they don’t give to those people. “If it truly is a communi- ty livability problem, then the community as a whole is going to have to not support the activ- ity — whatever it is,” he said, adding if you don’t feed an is- sue, it might go away. M O SS F U R N ITU R E & D É C O R Ju n e 3 rd thru Ju n e 7 th 10 % O F F AL L F URN ITURE R ecycled Fu rn itu re • A n tiqu es D ecor & G ifts • N ew & U sed S e n io r D a y - Eve ry W e d n e s d a y S e n io rs G e t 10% OFF! 810 Broad w ay • Seasid e • 503-701-1478 across th e street from Fireh ou se G rill in Seaside REAL DADS. STIHL DADS. SAVE $ 30 FS 38 TRIMMER 129 95 $ “I couldn’t be more happy with the product. 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