A proposed ordinance in Albany is intended to crack down on aggressive solicitations. But advocates say the measure would create a blanket rule with harsher impacts on homeless individuals.
Brandon Doran owns Mr. Bumbles café on New Scotland Avenue. Over the years, Doran says he has witnessed disruptive behaviors from some panhandlers who enter or lurk outside. In one instance, he had to break up an altercation between a customer and a panhandler who had followed the customer inside the café, heckling the customer give him food.
“So, I kind of tried to get him out the door, and the man spit in my face before walking away, and it just was probably one of the most infuriating things,” said Doran. “Because you don't want to take it personal, and you really kind of just want that person to get the help that they need. But it is very frustrating to be in a situation where that could happen”
Doran added that although this instance was one of the most extreme, it was far from an outlier. He says panhandlers have walked up to customers in the outside patio, demanding food, and have committed lewd acts in the window of his café. Although he calls the police when such behavior occurs, he also wishes they weren’t the only resource.
“It's most of the time, it's call the police. And that only goes so far. You can call the police so many times. And in Albany, they're very short-staffed, so I really hate to call the police for something that might not be really, extremely important,” said Doran. “So, it's difficult if there was a resource number to call where a team of trained psychiatric or paid people to come out that would be amazing, that would be ideal.”
Citing incidents like these happening in and around businesses across the city, Albany Common Councilmember Meghan Keegan drafted an ordinance that would expand the city’s definition of aggressive solicitation. The measure would make it so that no person would be allowed to solicit or beg in an “aggressive, manner in any public place” and would face a possible misdemeanor arrest as a result of such behavior.
Keegan said aggressive solicitation is currently considered a violation, which can be harder to enforce since it typically requires a police officer to witness the incident. She said the intent behind the ordinance is to help people experiencing behavioral health issues access the care they need.
Keegan also added that the ordinance was specifically meant to target panhandlers who may need care but decline it, getting them in front of a court.
“What this was really intended to center on are those folks who, despite all of our attempts to try and engage them in services and treatment are still out on the street and still causing issues where folks feel that their safety is compromised as a result of those behaviors,” said Keegan. “[We’re] still providing a pathway for us to get those folks, at this point in front of a judge who has better latitude to engage in court order treatment.”
But homeless advocates have raised concerns about the ordinance, saying it creates a blanket rule for all panhandlers and homeless people — not just those with behavioral issues. Advocates also say that the possible penalties from this ordinance — a fine up to $300 and jail time up to 15 days — could have negative consequences for vulnerable community members who are often just trying to survive.
The debate over the issue in Albany is similar to one that has played out in Saratoga Springs, where the City Council this summer enacted a camping ban that some leaders have said effectively criminalizes homelessness.
Bebhinn Frances is a co-organizer for the local chapter of the National Union of the Homeless. When the ordinance was introduced to the Common Council this year, Frances and other advocates attended the public hearing to express concerns. Frances told WAMC the measure is too vague and could be used to criminalize poverty.
“This is a blanket ordinance targeting everyone, and you just have to report that somebody is standing in front of your business,” said Frances. “You don't have to prove it, which creates a lot of blurred lines.”
Frances walked through the penalties of the ordinance and laid out how it could prove devastating for panhandlers who are charged with a misdemeanor. She says misdemeanors could easily stack up.
“The homeless individuals are unlikely to have the money to pay the fine, so they would most likely be sentenced to community service or jail time again,” said Frances. “Community service could be hard for them to comply with with things like curfews and the regulations that they have to maintain within a shelter, or if they're sleeping on the street again, like keeping track of dates and times is hard for folks who are out here in survival mode.”
She also added that even 15 days incarcerated could prove debilitating.
“What could happen to folks in 15 days of incarceration? They would lose connection to mental health and substance use resources. They would not be able to obtain the medications that they might need or talk to their health care, mental health care provider, which would make their mental health crisis even worse, right?” said Frances. “It could jeopardize their position on a housing waiting list, prolonging their homelessness. Loss of job. A lot of folks who are unhoused are working, and so if they get arrested, go to jail for 15 days, it's more than likely they're not going to be returning to work.”
Keegan says these penalties are meant as a way to make sure those in need of mental and medical attention get the care they are deserved.
“Folks who are in the policy-making realm, are really stuck between a rock and a hard place. You know, it's a bizarre dichotomy in the United States, where I have somebody who's unhoused, they have no right to services and treatment, but if they come through the criminal justice door, they suddenly do,” explained Keegan. “And so, it puts us in this weird position to do things that we don't necessarily ideologically agree with in order to get them where they need to go. And I think that that's really important for people to understand, in a different country, in a different place, this is not necessarily a policy decision I would have made.”
Frances, on the other hand, says that although this ordinance intends to work in tandem with other resources being rolled out by the city and Albany County that prioritize housing, it could cause more harm.
“I would encourage business owners and community members to advocate for low barrier shelters. Advocate for the homeless show up to the [shelter services] events, learn more about what the service providers are trying to do,” said Frances. “Because, we say ‘housing not handcuffs’, and you know, jail and penalties are not the solution. It's not going to solve homelessness. And even if somebody goes to jail for 15 days when they get out, they're still homeless. It's just creating a perpetual cycle for them.”
The ordinance has not yet been brought up for a vote.
