Wilmington legislators: Banning panhandlers doesn't solve issues of poverty

Wilmington-area legislators are condemning a method used by the Police Department and the court system to ban individuals accused of loitering and unlawful panhandling from the city. 

State Sen.-elect Tizzy Lockman said she was "very disturbed" to learn of the practice. 

"To see people essentially being treated as blight is something I find to be alarming," said Lockman, whose district covers downtown Wilmington. "It says something concerning about our values as a city, and as a state, that I think we need to reflect on." 

At least a half dozen people accused of nonviolent, minor crimes have been ordered to have no contact with large areas of Wilmington as a condition of their release from jail, The News Journal found. 

Some defendants awaiting trial for low-level crimes like loitering, aggressive panhandling and disorderly conduct have been exiled from the entire city.

If police spot those individuals in the city, which is a hub for transportation and social services, they may be arrested and charged with violating the order, which can lead to up to a year in prison. 

Experts in the intersection of law and poverty said the practice is unusual, inhumane and ineffective. In an interview last week, Wilmington police Chief Robert Tracy stood by the practice. Mayor Mike Purzycki said he trusted the judgment of his Police Department and the courts. 

Wilmington Councilwoman Loretta Walsh, who heads the public safety committee, said it's a bad idea.  

"It’s almost like someone being arrested for nonpayment of child support and put in jail," she said. "If you’re putting them in jail, where are they getting a paycheck? Nobody wins."

People sometimes feel uncomfortable when a stranger asks for money, Walsh acknowledged, but that's not justification to ban someone. 

"Is panhandling an annoyance to a lot of people? Yes," she said. "But that’s it, an annoyance that lasts 30 seconds in most cases." 

Walsh said she would like to see data from the Wilmington Police Department on the strategy's effectiveness. The News Journal filed records requests with the city for a list of banned defendants in order to examine their cases but has not yet received a response. 

Even if the method eradicated panhandling, Walsh said it still isn't worth it. 

"The amount of money it’s going to end up costing us in lawsuits kind of negates what the benefit would be," she said. 

Despite a suggestion earlier this year from the Wilmington Police Department that aggressive panhandling is increasing, arrests for loitering, illegal panhandling and soliciting rides or businesses are trending downward, according to data from the Delaware Statistical Analysis Center. 

Still, panhandling is "the number one complaint we get," said Downtown Visions Deputy Director Mike Maggitti. Most of the time, he said, it can be easily stopped. 

"We normally go to that area where we get a complaint, and we will speak to them and tell them to stop," he said. "And in many cases, that works. In many cases, when they see us, they walk away." 

Individuals asking for money downtown are nonviolent local people that Downtown Visions is familiar with, said Maggitti, a former Wilmington police officer. He dismissed "urban legends" about people begging for money as a profession. 

"That is not the case in Wilmington," he said. "Our panhandlers are not climbing into their Mercedes and driving to their mansion."

Maggitti believes many of them have mental illnesses and that the no-contact orders are not an ideal solution.

"The ban at least gave us a tool, something to say: You can’t even be here," he said, but, "they need services more than criminal justice sanctions." 

In the past, Maggitti said the police worked more closely with state social service providers, but that partnership deteriorated in the past year due to personnel changes.

Sen. Bryan Townsend, who represents the Newark area, tried unsuccessfully to pass a Homeless Individual's Bill of Rights last year. He said panhandling is not just a Wilmington issue. He hears often from constituents that they are concerned about begging in commercial areas.

"If you’re uncomfortable with this because of safety concerns, that’s one thing," he said. "If you’re uncomfortable with it because it creates an unavoidable face of poverty, join us who are trying to fix it."

Incoming Sen. Darius Brown said panhandling points to "a systemic failure of education, criminal justice, health care and the economy."

“We didn’t get here overnight, and we won’t fix it overnight either," he said in an email. "But poverty isn’t somebody else’s problem, it’s our problem.”

Ryan Tack-Hooper, legal director of the American Civil Liberties Union, said the organization believes the broad no-contact orders are unconstitutional and is investigating the matter.

The ACLU also believes Wilmington's panhandling law itself may not hold up under legal scrutiny. 

Delaware Supreme Court Chief Justice Leo Strine could not be reached for comment.

City Councilman Bob Williams, vice chair of the public safety committee, said that by using broad no-contact orders on minor crimes, police and judges may end up losing the power entirely. 

"Aggressive panhandlers are a nuisance, but banishing someone from an entire city is overstretching and is going to be counterproductive in that when you need to utilize it, it may no longer be there," he said. 

A former Wilmington police officer, Williams said he recalled geographic restrictions were very specific, such as a domestic abuser being barred from contacting his accuser. 

"It allows for the victims to breathe some fresh air knowing that person won't be there," he said. "I have no problem with the limitations being placed on people, but being as broad as they are is where I draw the line."

Lockman said panhandling is a symptom of deeper problems that require thoughtful solutions. 

"This is a very shortsighted way to address an issue," she said. "We are looking at making Wilmington a strong and thriving city in a long-term way. I feel strongly that we don't do that by just ignoring the needs of people who are struggling." 

Do you know someone who was charged with a crime and given a no-contact order that bans that person from a geographic area in Delaware? Contact Christina Jedra at cjedra@delawareonline.com, (302) 324-2837 or on Twitter @ChristinaJedra.

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