Cities Crack Down on Panhandling Essay Example

constitutionality of panhandling laws due to the fact that regardless of the fact that some states, including California and New York had successfully banned aggressive panhandling, the federal courts overturned the states laws with claims that the laws were not only unconstitutionally vague but also deprived the displaced the right to free speech. The only form of panhandling that is illegal is the aggressive one where there is the use of force or threats. Non-aggressive begging is thus protected as free speech entitlement in the constitution of the United States. The article thus fails to systematically examine the forms of panhandling (aggressive and passive).

It is important to note that panhandling turns into a high priority that requires the attention of the law enforcement when it is aggressive or very pervasive such that its cumulative effect aims at making the passersby apprehensive. Necessarily, jurisdictions that wish to ban panhandling ought to develop some definition of aggressive panhandling. More so, agencies should provide officers with special training before enforcing aggressive panhandling laws.

According to the article, beggars often instill various feelings of the public, including the feeling of apathy, sadness and fear. Through this, the author affirms that restrictions will play a very important role in promoting tourism as tourists will be more at ease when travelling. Additionally, prohibiting begging at tourist sites appeal to logos because individuals are often comfortable when unfamiliar persons are not wandering about begging. Despite of the fact that this argument appeals to both logos and pathos, it does not elaborate on the fact that the issue of panhandling has over the recent years become a problem for many cities in the United

States. Tracy argues that laws against panhandling have been passed near intersections as the act is deemed as “traffic ordinance” while providing detailed information in regards to the recent bans in public places such as bus stops and ATMs.

However, the author fails to clearly articulate places where beggars congregate mostly, as well as the main factors that trigger them to congregate at the particular places. Thus, according to the article, begging at public facilities should also be greatly considered by the authority to promote safety. The argument presented here is not in accordance with the laws of panhandling in that the US Supreme Court has ruled panhandling to be a legally protected behavior under the First Amendment that guarantees freedom to religion and speech. Therefore, the numerous efforts to prohibit panhandling have often been struck down as unconstitutional.

However, regardless of the fact that panhandling laws are not likely to withstand a legal challenge, advocates should not give up and accept the problem as inevitable. They should believe in the philosophy that wherever there is a problem, there is definitely a solution. The best panhandling laws should thus aim at controlling rather than prohibiting the act as evidenced in restricting begging in certain areas, by specific means and at specific times. Additionally, it is important to enforce other laws that are commonly violated by panhandlers such as drinking in public, disorderly conducts and trespassing. Through this, various aspects of the panhandling issue can be controlled.

If I were to rewrite the article, I would change Tracy’s content by incorporating the various factors that influence panhandling including the social, economic and legal factors as well as the tolerance

of the community. By examining the factors that influence panhandling, my article would better contribute to the social problem and at the same time help in the framing of the local analysis questions that not only supports the determination of the best effective measures but also familiarizes individuals with the key intervention points. Through this, it would be easy to also articulate the most effective means of dealing with the issue.

My article would also emphasize on the fact that just like other forms of street disorder, panhandling is better controlled through informal means as opposed to formal enforcement. According to the Tracy’s article, the core objective of the panhandling laws is driving beggars out of the cities. It is however important to consider the fact that whether or not the emphasis is on enforcement of laws that regulate panhandling, the said laws ought to have valid enforcement authority to strengthen the warnings. As opposed to Tracy’s article that fails to examine the real intimidations caused by panhandling, my article would systematically outline the manner in which passersby are intimidated by aggressive panhandling while at the same time stipulating the main differences between homeless people and panhandlers as most people belief that they are the same.

The article would aim at presenting the issue as a serious matter by laying down its impact on the community and thus articulating it as a social problem that requires devotion of a considerable amount of time to deal with.

Bibliography

1. Loew, T. (2008). Cities crack down on panhandling - USATODAY.com. USA TODAY. Retrieved 8 May 2016, from http://usatoday30.usatoday.com/news/nation/2008-01-22-panhandle_N.htm