Panhandling showdown tonight

Iowa City Council members are on their way to further restricting panhandlers downtown, a move that's got a lot of people (yours truly included), concerned.

They're all set for the second reading tonight of an ordinance that would expand current restrictions to essentially ban panhandling on the Pedestrian Mall, require beggars to stay 20 feet away from ATMs, 15 feet away from crosswalks and 10 feet from buildings or mobile vendors.

Council member Mike Wright was right when he called the ordinance "mean-spirited and small" before the first reading. His dissenting vote was the only reasonable one cast.

Some local activists are heading to tonight's special formal meeting to try to stop the ordinance, which would take effect next month if it's passed. One of those folks, Garry Klein, told me today he's got four beefs with the ordinance: first, it's a matter of freedom of speech. Second, he thinks council member Terry Dickens - who owns a business that would be affected by the ordinance - has a conflict of interest. Third: why the Ped Mall? What about other downtown businesses? And finally, there's no need to tighten the rules.

As I wrote in March, police haven't cited a single panhandler for violating the Aggressive Solicitation Ordinance since it was passed in 2008, although they've received a few dozen complaints. It's, rightly, not a big priority for them.

But most important, we're talking about public space here, not private property. Like I said before:

The Ped Mall is designed for loitering. If some of those people who take the time to enjoy its lovely tree-shaded benches are a little scruffy - well, that's life in the big city.

There's also the little matter of constitutionality, as City Attorney Eleanor Dilkes keeps pointing out. Other towns that have banned panhandling have faced court challenges for violating people's right to free speech - yes, even the rough-edged guy with the hand-lettered sign has one.If he wants to ask for your spare change, it's his right, just as it's your right to say no.

Klein said he knows of as many as 10 people who are ready to talk to councilors tonight about their opposition to the ordinance. I'll let you know how it goes.

If he wants to ask for your spare change, it's his right, just as it's your right to say no.