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Why Clarksville can't ban panhandling, and why tickets don't work

Chris Smith
Leaf Chronicle
Highway exit ramps are used as panhandling spots in Clarksville. Many homeless people will spend the day panhandling at these locations until told to leave.

The recent surge in panhandling in Clarksville — and citizen complaints about it — has raised questions about whether the laws on the books are being enforced, and whether the city can just ban panhandling altogether.

Those two questions came up at the City Council executive session meeting Thursday night, and the answers were clear.

Yes, Clarksville Police are enforcing the panhandling laws, and no, the city cannot simply ban panhandling.

More:  Panhandling on rise in Clarksville, but city has plan to push it down

Tickets aren't working

"We are enforcing it," Police Chief Al Ansley told the council bluntly at the meeting. "But when I hand you this ticket, you can add it to the litter that you're leaving at the stop sign, because it's worthless."

The city passed an ordinance last year to address panhandling. It prohibits panhandlers from accepting cash from people in cars, but it stops short of saying they aren't allowed to stand in the right of way with a sign.

It's a city civil law, not a state criminal law, so all police can do is issue a ticket.

And so far, of the 35 tickets that have been issued, each with a $50 fine, exactly none of them have been paid.

"We can give them 400 citations," Ansley said. "It does no good."

Ban would bring lawsuits

City Attorney Lance Baker addressed questions about why the city can't ban panhandling, reminding the council that the city ordinance is based on a Brentwood ordinance that evolved from several legal challenges.

Brentwood had tried to heavily restrict panhandling, but the city was sued and forced to change its law. The modified ordinance was approved by the 6th Circuit Court of Appeals.

"The law we have on the books currently is as strict as you can possibly get without inviting a losing lawsuit," Baker said. "I think we've done everything that can be done."

The First Amendment protects anyone's right to stand in a public space with a sign, Ansley said after the meeting, whether that sign is a plea for money, or to "Honk if you love Jesus," or to promote a high school car wash.

What can be done

One thing that can be enforced is panhandling on private property, such as grocery store parking lots. 

Ansley made clear that anyone bothered by panhandlers in a business parking lot should notify the business. The business manager can ask the person to leave or contact police, who will do the same. Anyone told to leave repeatedly can be charged with criminal trespass.

"We're very successful on private property with criminal trespass," Ansley said.

Mayor Kim McMillan said the best way to stop panhandlers — particularly the ones who are not homeless and are not from here — is to stop giving them money.

"When they're not getting the money, they're not going to stay here, and they will leave," McMillan said.

The city is working on a campaign to encourage giving to homelessness charities instead of to panhandlers. 
