Panhandling is on the rise in Durango, but it is likely a trend without an obvious solution, say those who work with the homeless.
The problem pits a First Amendment right against concerns of citizens and business owners.
The American Civil Liberties Union sent a letter to the city last fall saying its ordinance against loitering for the purposes of begging violated freedom of speech rights.
As a result, the city stopped enforcing the law, but Durango City Council now is considering creating two new laws that attempt to balance a constitutional right and community safety.
"We're not trying to control a message; we're talking about keeping people safe," City Attorney Dirk Nelson said.
One of the new laws would prohibit aggressive panhandling. For example, it would be illegal for a panhandler to follow, touch or threaten a passer-by. It also would be illegal to solicit donations in an area where the public would be a captive audience. For example, no one could solicit donations right next to an ATM.
The ACLU has not been challenging laws that are narrowly tailored to address aggressive behavior, said John Krieger, spokesman for the ACLU in Colorado.
The second law would prohibit anyone from standing in a median for any reason.
Someone standing with a sign on the median typically is stepping off into traffic, and that can be a safety hazard, said Durango Police Lt. Ray Shupe.
The ACLU would not comment on this proposed law without a copy of the exact language.
Homeless Durango resident Brian Harwood said he contacted the ACLU about the city's law after receiving numerous tickets from local police. The ACLU could not confirm if it was Harwood who tipped them off.
Harwood estimates that he has been ticketed many more times in Durango than he has in any other community during his 25 years of drifting. He is not offended by the new laws that address aggressive panhandling and standing in the medians, but, he said, "It's not so much the laws; it's the leadership of the city and how they apply the things."
Harwood said he perceives there is an outspoken group of decision-makers who don't want homeless people to be visible.
Since fall, Shupe and Kathy Tonnessen, director of Manna Soup Kitchen, among others, say they have noticed more people asking for charity around town.
A few of those panhandling Thursday said they feel more comfortable asking for help knowing police can't ticket them.
A man holding a sign on a median outside Albertsons, who gave only his first name, Robert, said he had been ticketed for sitting on a bench before the law changed. For the last three months, he has been panhandling.
"It helps me eat," he said.
But some business owners say the presence of panhandlers can deter customers from stopping.
"The effect on many people is to speed up to get around (panhandlers)," said Tom Mulligan, owner of Magpies Newsstand Cafe at 707 Main Ave.
Mulligan worries about how they could hurt Durango's image.
"I believe that as a tourist town, we do have to be careful of the impression we give tourists," he said.
Durango police officers report receiving more complaints from downtown businesses about panhandlers than it has in the past, Shupe said.
If the homeless people are on private property, business owners can ask them to leave, and police can ticket them for trespassing, but the police cannot stop anyone from peacefully asking for help on public property.
"This is more than a law-enforcement problem. It has to be looked at from a community-wide effort as far as what to do," Shupe said.
Tonnessen agrees that in recent months the homeless population may be more visible, but she doesn't believe the population is increasing.
Neither the soup kitchen nor the Durango Community Shelter has seen an increase in the number of people needing help in recent months. But the increased visibility of panhandlers that has raised concerns could be positive because it is drawing attention to the issue, and it might encourage change, she said.
"Maybe it's a blessing. Maybe we'll try to figure out a solution. I don't think one person can figure it out," she said.
The city is in the early stages of creating a task force that would include many community partners to help address the issue, Nelson said. One of the first issues may be to define the distinction between panhandling and homelessness.
"The vast majority of people experiencing homelessness are not panhandling," said Sarada Leavenworth, division director with Volunteers of America, which operates the Durango Community Shelter.
The shelter served about 500 people last year, including many families. Shelter staff ask their clients not to panhandle, and they are overwhelmingly receptive, she said.
Many people served by the shelter work to save money for housing. But those who are chronically homeless may be facing serious issues such as addiction and mental-health problems, which require more time and broader solutions.
These people need wraparound services that can provide housing, health care and job training, Tonnessen said.
"You need to create a full safety net for a long period of time," she said.
mshinn@durangoherald.com