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Tampa City Council votes to crack down on aggressive panhandling by the homeless

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Two years ago the Tampa City Council passed an ordinance partially banning panhandling of motorists on major roadways. But for months local business owners have complained about the homeless in north downtown urinating, defecating and being physically violent, and many of them discussed their concerns with the Council today.

They were advocating for the council to approve an ordinance that would tighten or prohibit any aggressive solicitation in front of banks, ATMS, sidewalk cafes and bus station stops, specifically in the downtown and Ybor City areas. The City Council approved the ordinance on first reading on a 6-1 vote, with Mary Mulhern dissenting.

However, officers could not enforce the ordinance unless the city could provide alternatives for them to go to. Tampa Police Captain Marc Hamlin said the idea was not to arrest the homeless, but said that it was at their discretion when to apprehend the homeless.

Marcia Barcus, CEO for the Homeless Coalition of Hillsborough County, said she had reviewed the ordinances and said she supported it, since it would only be enforced if there was a place to bring the homeless to - but not jail.

She said that the timing was good now, since the Coalition expects to be getting 205 vouchers for chronically homeless veterans from the Department of Housing and Urban Development, and 70 such vouchers for others described as chronically homeless.

But Barcus admitted that it would be much tougher to find housing for those considered non "chronic."

Councilwoman Mary Mulhern expressed the strongest objections to the proposed ordinance, saying that by enforcing this just in the downtown and Ybor City areas, the panhandling will simply spread to other neighborhoods. And she asked what would the city say to other neighborhoods who want the same protection from aggressive panhandlers. And, she offered, what was the rush?

But there were several downtown business owners who thought it was necessary to implement right now.
Mike Kass with the law firm of Kass Shuler said the problems near his law firm located on North Florida Avenue aren't recent, but in fact have become "intolerable" over the past decade. He says that 80 percent of his 500 employees are women who are particularly unnerved by the homeless who he said have accosted them. "Some of them just want to fight when you talk to them," he said.

Many of the concerned businesses are close to Phil Bourquardez Park on Tampa Street, where the homeless gather.

Thomas Rodgers has run Robertson Billiard Supplies on North Franklin Street for 25 years, and called himself a "veteran of this conversation," regarding the homeless in this part of downtown. He said he felt that city leaders care more about making Ybor City and downtown, saying there was a "line of demarcation" at Scott Street. He blamed the nearby Salvation Army for bringing such an element to the neighborhood.

Rodgers also said that the Council shouldn't be "tied up in that Christian conversation," about the homeless.

V.M. Ybor Neighborhood trustee Kim Headland encouraged the council to address aggressive panhandling in a new ordinance. "We need tools to address significant issues," she said.

But a number of homeless men also spoke up and out, saying that they are not the ones being violent or aggressive, and asking what can they do when they're not allowed any place to relieve themselves or find a place to go to sleep?

"You can’t arrest people for laying down in the park on Franklin," declared Kenny King.

"I don't think a plan to criminalize the homeless is a solution, " agreed Troy Cook, who said he had been present at City Council discussions a couple of years ago when the issue had been at the forefront.
"Nothing's changed," he said, other than the fact that 24 individuals had found housing through a Hillsborough County initiative. He said there is a serious problem in the city, illustrated by the fact that he went with a homeless woman recently onto the property of the Salvation Army, but was told they couldn't congregate in front of the building that early in the afternoon. "The homeless shelter isn't sheltering the people," he said with incredulity in his voice. "It's outta sight, outta mind. Sweep them out.."

This was the first reading of the ordinance. The second reading will happen on July 18.

The second ordinance discussed would prohibit the police from apprehending any homeless individual who was found to be in violation of the aggressive panhandling ordinance only if they could be sent to a homeless facility. They would not be sent to any facility until they were "written up" for the third time.

Councilwoman Mulhern said it made no sense to pass the first ordinance, when there was no guarantee that there would be sufficient housing available to take those people who violate the aggressive panhandling ordinance.

That ordinance was passed 5-1, with Mary Mulhern opposing, and Mike Suarez not present.

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