Commentary: When I first moved to Las Cruces in 2002, we had a program where we hired mostly homeless people to sell single copies of newspapers to drivers stopped at some of the busiest intersections in town.
It seemed to work pretty well. Some of the vendors worked the same location every day for years, and became something of a local institution. A few readers told us they would rather get their newspaper every morning from their favorite vendor than have us deliver it to their house.
It was, of course, a good deal for the Sun-News. We sold copies of the newspaper every day that we wouldn’t have otherwise. And it helped the vendors as well, allowing them to essentially be their own boss. For many, it was the first job they had in years.
But the City Council at the time decided it wasn’t good for the image of the city to have homeless people at all the busiest intersections. And so, under the guise of public safety — it was just too dangerous, what with all those cars whizzing by — they passed a new city ordinance to make it illegal. Two, actually.
The first made it illegal to solicit money or anything of value, or the sale of goods and services, in an “aggressive manner” in a public area; on public transportation or at a bus stop or station; within 15 feet of a bank, ATM, or check-cashing business; on private property; or from anyone in a vehicle on a public street. The second ordinance makes it illegal to solicit for money or work from a street, median or entrance to a parking area.
Then, 12 years after the city passed its ordinance, the U.S. Supreme Court ruled that laws outlawing panhandling on public property are a violation of that person’s first amendment rights. And now, the American Civil Liberties Union has warned city officials that their laws are unconstitutional, and they face a lawsuit if they aren’t reversed. City Attorney Jennifer Vega-Brown agrees.
“We need to revise the ordinance,” she said. “What the ACLU is saying is well established.”
The City Council is expected to take the issue up soon. And, Mesilla’s trustees are on notice from the ACLU about their laws as well.
Neither of the Las Cruces ordinances were strictly enforced, said James Chavez, chief codes enforcement administrator for the Police Department. Most panhandling calls police respond to are from private property owners, where the court ruling dealing with public property doesn’t apply and the property owners have the authority to control what is and is not allowed, he said.
For calls on public property, Chavez said he can’t remember anyone ever being fined or taken to jail. Police typically just ask people to leave, he said.
But the question moving forward is if even they will even be allowed to do that. If panhandlers are out of the roadway and not impeding traffic, will police have the authority to ask them to move along? If not, will that mean a dramatic increase in the number of people asking for money on Las Cruces streets? Does it even matter how we feel about that?
And finally, does this mean that we can we get our newspaper vendors back?