Monday, May 29, 2023
Subscriber Login
My Profile
SpotlightNews
  • Home
  • News
    • Election 2022
    • Business
      • Spotlight On Business
      • Spotlight on Finance
    • Crime and Police
    • Discover-Towns
      • Discover Coeymans Selkirk and Feura Bush
      • Discover Delmar
      • Discover Glenmont
      • Discover Guilderland
      • Discover Latham and Boght
      • Discover Loudonville
      • Discover Menands
      • Discover Slingerlands
      • Discover Village of Colonie
      • Discover Voorheesville and New Scotland
    • Fire Departments
    • Government
    • Milestones
    • Schools
    • Sports
    • Obituaries
  • The Spot 518
    • Galleries
    • Art
    • Food and Recipes
    • Health & Fitness
    • Music
    • Theatre
  • Hot Spots Calendar
    • Calendar Listings
    • Submit Your Event
  • Opinion
    • Blogs
    • Our Opinion
    • Point of View
    • Your Opinion
  • Family Now
    • Parenting News
    • Senior News
  • Towns
    • Albany County
    • Bethlehem
    • Colonie
    • Guilderland
    • New Scotland
  • Classifieds
    • Employment – Hire Power
    • Services In the Spotlight
    • Classified Listings
    • Advertiser Login
  • Subscribe
    • Subscriber login
    • Give the gift of news
    • Join us – subscribe today
    • Newsletter sign up
    • Renew Subscription
No Result
View All Result
  • Home
  • News
    • Election 2022
    • Business
      • Spotlight On Business
      • Spotlight on Finance
    • Crime and Police
    • Discover-Towns
      • Discover Coeymans Selkirk and Feura Bush
      • Discover Delmar
      • Discover Glenmont
      • Discover Guilderland
      • Discover Latham and Boght
      • Discover Loudonville
      • Discover Menands
      • Discover Slingerlands
      • Discover Village of Colonie
      • Discover Voorheesville and New Scotland
    • Fire Departments
    • Government
    • Milestones
    • Schools
    • Sports
    • Obituaries
  • The Spot 518
    • Galleries
    • Art
    • Food and Recipes
    • Health & Fitness
    • Music
    • Theatre
  • Hot Spots Calendar
    • Calendar Listings
    • Submit Your Event
  • Opinion
    • Blogs
    • Our Opinion
    • Point of View
    • Your Opinion
  • Family Now
    • Parenting News
    • Senior News
  • Towns
    • Albany County
    • Bethlehem
    • Colonie
    • Guilderland
    • New Scotland
  • Classifieds
    • Employment – Hire Power
    • Services In the Spotlight
    • Classified Listings
    • Advertiser Login
  • Subscribe
    • Subscriber login
    • Give the gift of news
    • Join us – subscribe today
    • Newsletter sign up
    • Renew Subscription
No Result
View All Result
Spotlight News
No Result
View All Result
Home Towns Colonie

Colonie’s panhandling law gets a cool reception

Jim Franco by Jim Franco
August 18, 2020
in Colonie, Culture, Government, News, The Spot, Towns
Reading Time: 5 mins read
Melanie Trimble of the New York Civil Liberties Union speaks at the Town Board meeting on Thursday, Aug. 13.
Jim Franco / Spotlight News

Melanie Trimble of the New York Civil Liberties Union speaks at the Town Board meeting on Thursday, Aug. 13. Jim Franco / Spotlight News

COLONIE — The Town Board did not formally vote on a resolution aimed at curbing aggressive panhandlers during its regular meeting on Thursday, Aug. 13, but members of the public who spoke on the issue were largely against the measure.

Concerns of the half dozen people who spoke against the Local Law include opening up the town to a lawsuit, discrimination against the poor, addressing just one symptom of broader issues related to poverty, drug addiction and mental illness and violating a person’s freedom of speech.

Sonya Rio-Glick speaks to the Colonie Town Board (Jim Franco / Spotlight News)

Other speakers claimed the town is only trying to keep suburbia attractive by eliminating the often unsightly appearance of  panhandlers and the underbelly of society it represents.

“The first sentence of Section 2 of the legislative intent states ‘the goal of keeping Public places attractive’ which denotes the primary purpose to restrict panhandling is that the public presence of low income community members is unattractive,” said Sonya Rio-Glick. “In essence, impoverished individuals are being criminalized because the image of poverty is deemed unattractive. May we all be so lucky to never be deemed so unattractive we are not allowed in public. As a physically disabled person, the employment of attractiveness in public places strikes a chord in me.”

“I think it is easy to feel uncomfortable facing the fact poverty does exist,” said Emily Connor. “If this local law does get passed those in poverty could be forced out and as a result the comfort of the general public may be preserved but at what cost. When we push out those in need for our own comfort we sacrifice an important part of our own humanity.”

Just one person spoke publicly in favor of the resolution, citing the public safety concerns of panhandlers in busy thoroughfares, but Town Attorney Michael Magguilli said the town has received a number of complaints regarding aggressive panhandlers.

“First and foremost this is a public safety measure and nothing more. It is meant to protect the safety of our residents and the panhandlers,” Magguilli said. “The town has no absolutely desire to infringe on anyone’s free speech rights or their ability to obtain assistance.”

Town Attorney Michale Magguilli speaks at the Town Board meeting on Aug. 13.
Jim franco / Spotlight News

Deputy Police Chief Michael Woods said police answered 95 calls for aggressive panhandling in 2019 which resulted in two arrests for outside warrants and the issuance of six vehicle and traffic tickets related to pedestrians. So far this year, he said, there have been 110 complaints with no arrests and three V&T citations given regarding pedestrian traffic.

“Usually the officers just advise them they have to stay on the sidewalk and they are not following the law and they are fine,” he told the Town Board.

Magguilli said his office and the office of Supervisor Paula Mahan have gotten a number of complaints as well as the Police Department and related the story of a woman who was followed into Hannaford Brothers by an aggressive panhandler who would not give up his demands for money.

He stressed his legislation did not target the message of panhandlers but the time, place and manner they sometimes employ. He said a similar law in the City of Rochester and others near public transportation in New York City have been upheld by the Court of Appeals, the state’s highest court. While the U.S. Supreme Court, he said, has not given a definitive ruling on whether or not panhandling is protected speech under the First Amendment, he wrote the law conservatively, with the assumption it was.

“I’ve been asked if this would this prevent Girl Scouts from selling cookies and the Salvation Army from ringing bells outside of the stores,” he said. “It would if you had aggressive girl scout running into traffic trying to sell cookies or if you had Salvation Army Santa Clauses doing the same thing.

The Colonie Town Board on Aug. 13. (Jim Franco/Spotlight News)

“It does not address the panhandling, it addresses the aggressive behavior that sometimes goes along with the panhandling. Nothing more.”

Melanie Trimble, of the New York Civil Liberties Union said every law any municipality has tried to put on the books against aggressive panhandling that has been challenged has shot down by federal courts.

“Simply put the first amendment protects peaceful requests for charity in a public place yet in this proposals statement of purpose town officials specifically discourage people from asking their neighbors for help,” she said. “It is poorly tailored to the problem it purports to solve. We would all like to move towards a world where the homelessness and impoverished people are not forced to beg. But whether examined from a legal, moral, policy or fiscal standpoint criminalizing any aspect of panhandling is not the way to achieve this goal.”

The Local Law would ban panhandling from within 20 feet of any bank, ATM machine or check cashing business and it would apply to public and private parking areas and parking ramps and all public places.

Because of COVID-19 It would require panhandlers stay six feet away from the target of the solicitation and would make illegal to follow someone and continue to beg for money after the initial solicitation is denied. It would also make illegal for someone to block the safe passageway of a person and would prohibit solicitation in an areas readily visible to the occupants of a motor vehicle.

Violators can be fined anywhere from $25 to $250 for a first offense, and a second offense within a year could carry a penalty of up to 15 days in jail. In lieu of a fine the court could, with the town’s blessing, impose an alternative sentence “provided it is not an unconditional discharge.”

Barbara Rio-Glick said she does a lot of walking in town parks and around town in general.

“People come within six feet of me and often without masks. Am I allowed to call the police and have them arrested? Or does it only apply to poor people,” she asked. “Let’s not join the other American cities and towns who are attempting to aggressively criminalize panhandling in hopes of, as this proposal clearly states,  preserving the quality of suburban life.”

While Magguilli said the intent is not to target girl scouts or firefighters conducting a boot drive, Jessica Mahar said that’s not what the local law says.

Emily Connor speaks to the Colonie Town Board on Aug. 13. (Jim Franco/Spotlight News)

“What about the guys who stand outside of plazas with signs asking people to shop. They are asking for money and they are distracting. And what about youth clubs holding car washes. They hold up signs along the road and they ask people for money. That is illegal under this proposal,” she said. “Find me a spot in the town where you can panhandle under this law. You can’t.”

Ryan Horstmyer spoke in favor of the Local Law, saying it is only a matter of time before someone is seriously injured along Everett Road near the I-90 overpass, a favorite place of panhandlers who stand in the medium and target drivers stuck at red lights.

Town Board member Melissa Jeffers said she and others on the board will explore options of making those who are on the streets panhandling aware of the public programs available for their benefit and perhaps bring some programs into the Town of Colonie to help out.

“The intent would not be about criminalizing the poor. For me it more about public safety. I firmly believe the law could play a part in developing a multi-faceted approach to solving the underlying issues that result in homelessness and panhandling.”

Tags: ACLUMelissa JeffersMike MagguilliPaula Mahan
ShareTweetShareShare
Previous Post

Tobacco sellers will need to obtain a license through Town Hall in Bethlehem

Next Post

Stanford Heights looks to build a new fire house on Central Avenue

Leave Comment

Stay Connected with Us

Recent News

SPOTTED: Section 2 Track Championships

May 29, 2023

Lifestyle Change Award to presented Sunday June 4th

May 29, 2023

Bethlehem Memorial Day Remembrances and Parade Schedule – 2023

May 28, 2023
Spotlight News lists calls from Delmar, Elsmere, North Bethlehem, Slingerlands and Selkirk fire companies. These department are comprised of local volunteers. Please consider serving your neighbors as a volunteer firefighter. This data is compiled from the Town of Bethlehem Communications Center.

Bethlehem Volunteer Fire Log May 13 – May 18

May 28, 2023

Hot Stories This Week

  • Trending
  • Comments
  • Latest

Bethlehem Memorial Day Remembrances and Parade Schedule – 2023

May 28, 2023

Colonie Area Weekly Police Blotter May 17th – 24th

May 28, 2023

Colonie High School Senior dies after Route 85 crash

May 14, 2023

Bethlehem Area Weekly Police Blotter May 17th – 24th

May 27, 2023

SPOTTED: Section 2 Track Championships

May 29, 2023

Lifestyle Change Award to presented Sunday June 4th

May 29, 2023

Bethlehem Memorial Day Remembrances and Parade Schedule – 2023

May 28, 2023
Spotlight News lists calls from Delmar, Elsmere, North Bethlehem, Slingerlands and Selkirk fire companies. These department are comprised of local volunteers. Please consider serving your neighbors as a volunteer firefighter. This data is compiled from the Town of Bethlehem Communications Center.

Bethlehem Volunteer Fire Log May 13 – May 18

May 28, 2023
Spotlight News

Spotlight News, The Spot 518 and Capital District Family Now are divisions of Community Media Group, LLC. Our local offices are located at 341 Delaware Ave, Delmar, NY 12054. You can contact us at 518.439.4949.

Browse

Follow Us

  • About
  • Advertise
  • Contact the Editor
  • Employment
  • Our Team
  • Privacy & Policy
  • Legal Notices Portal

© 2022 Community Media Group, LLC - 341 Delaware Ave. Delmar, NY 12054. 518.439.4949

No Result
View All Result
  • Home
  • Election 2022
  • News
    • Crime and Police
    • Fire Departments
    • Milestones
    • Real Estate and Housing
    • Schools
    • Sports
    • Spotlight On Business
    • Spotlight on Finance
  • The Spot 518
    • Galleries
    • Art
    • Theatre
    • Music
    • Food and Drink
    • Health & Fitness
  • Hot Spots Calendar
  • Newsletter Sign Up
  • Opinion
  • Classifieds
    • Advertiser Login
    • Service Directory
    • Hire Power – Employer Spotlight
  • Capital District Family Now
    • Parenting News
    • Senior News
  • Towns
    • Albany County
    • Bethlehem
    • Colonie
    • Guilderland
  • Log In
  • Subscribe

© 2022 Community Media Group, LLC - 341 Delaware Ave. Delmar, NY 12054. 518.439.4949