Windsor cracks down on panhandling

Panhandling in traffic medians, a sight that’s become common at some busy intersections, is about to get tougher in Windsor.

The Town Council is cracking down on panhandlers who loiter in narrow traffic medians - defined as less than 4 feet in width - not to outlaw begging, but because it’s unsafe.

Police Chief Carlos Basurto said panhandlers endanger themselves by their proximity to moving traffic, while obstructing traffic signs and signals, and distracting motorists, increasing the potential for crashes and traffic congestion.

Windsor officials said they don’t intend to infringe on a person’s constitutional right to panhandle, which is considered protected freedom of speech.

“This ordinance is not in any way to prohibit them from exercising that right,” Basurto told the council. “It’s to prevent them from doing it in a place that’s unsafe.”

Courts in general have upheld laws restricting where panhandling can occur, such as near an ATM, on public transportation or if it interferes with traffic.

In recent years, some North Coast cities, including Sebastopol and Ukiah, have enacted restrictions on panhandling that include not approaching occupied vehicles.

The Windsor ordinance, approved 4-0 by the council with Councilman Dominic Foppoli absent, is aimed in particular at narrow medians close to the Shiloh Center, which is occupied by Walmart, Home Depot and other stores.

Police said they’ve received numerous complaints about near collisions, drivers’ line-of-sight being blocked, reduced speed and disruption of the flow of traffic caused by panhandlers’ use of the medians.

But some of the complaints, Councilman Sam Salmon said, “really are about seeing poor people, or people that pretend to be poor, whether they are or not.”

Studies show that panhandlers prefer locations where passers-by cannot readily avoid them, such as places where motorists are stopped or traveling slowly enough to give money.

Councilman Bruce Okrepkie said he has empathy for people who live on the streets, but said there are safer places for panhandlers.

Windsor resident Dave Heventhal said it’s not illegal to be poor and asked where the police recommend panhandlers go.

“Anywhere where it’s safe for them to do so,” Chief Basurto replied, “whether it’s on the sidewalk, any other public area, anywhere they’re not going to cause any traffic hazard.”

Councilman Mark Millan said the new restriction could also affect people who use the medians to entice people to charity car wash events, as well as people campaigning for elected office.

“It really is about safety,” he said.

The ordinance is expected to take effect in early March.

You can reach Staff Writer Clark Mason at 707-521-5214 or clark.mason@pressdemocrat.com. On Twitter@clarkmas.