Seattle Councilmember Tim Burgess was skewered in absentia by fellow Councilmember Nick Licata and three community activists for his proposed Aggressive Solicitation Ordinance on aggressive panhandling at a press conference held Wednesday, April 14 at the Social Services building, Yessler and 14th Avenue. The panelists sited an April 6, 2010 report by the Seattle Human Rights Commission that disagrees with the ordinance because, they say, it would most harshly impact the most vulnerable members of our community.

The Downtown Seattle Association is a highly-visible supporter of the ordinance and shows results of a poll it commissioned, on its website. Its website says it backs the ordinance because of "a deteriorating sense of safety-real or perceived-in our Downtown(...)"

Panel members joining Licata included James Bible, President Seattle NAACP, Shankar Naryan, ACLU of Washington, and Tim Harris, Founder, Real Change newspaper. That paper is offered to the public for a one-dollar donation by homeless and near-homeless individuals in many West Seattle locations including the Alaska Junction, near the entrance of both the Admiral and Jefferson Square Safeways, and the PCC Market. Real Change’s policy is that its solicitors be polite and not aggressive to the public.

The City Council’s Public Safety and Education Committee voted 3-1 on Burgess’ proposal, including Sally Bagshaw and Richard Conlin. Nick Licata voted no. Licata proposed amendments to delay implementation until city funds expanded police patrols and increased social-service outreach to homeless people. That proposal failed.

“You fall into this trap that you want to do something,” Licata told the West Seattle Herald, regarding why he believed the other Councilmembers want this ordinance passed. “You don’t really think about what the ramifications can be, and after you’ve made up your mind, it’s really difficult no matter what the facts are to change your mind. That’s what I think is happening.

“I force myself to look at things differently,” he added. “I always ask myself ‘are we listening well enough?’ That’s just how I am. Fairness is not determined by knowing the right people.”

The law is expected to pass Monday, April 19, when the full Council votes, according to remarks some Councilmembers have made in public. The law would make it a civil infraction to solicit money while blocking one’s path, refuse to take no for an answer or ask for money while a person uses an ATM if that solicitation made a "reasonable person" feel threatened. Violators would face a $50 fine.

Burgess was a Seattle police officer and detective from 1971 to 1978. Some on the Seattle Human Rights Commission, a city board that advices lawmakers on policy, believe he is attempting to become more visible with this ordinance to help make a play for mayor next time around.

Catherine Starr was visiting her brother Larry Elmore at the Jefferson Square entrance Thursday night, April 15. Both have a license to sell Real Change, but it was his shift.

“I’m respectful of people and most are pretty decent," said Elmore, who has been homeless but said, “Fortunately I now stay with a friend. “Yeah, it’s happened a few times where people make comments to me like ‘get a job.’” Elmore said he remains respectful.

Starr also sells at that location, and seemed to recognize some of her regular Real Change customers as shoppers entered and exchanged “hello’s” and smiles with her.

“I’m Catholic on weekends and Jewish during the week, Starr declared with a proud grin as she explained that she stays at Holy Rosary Church near the Junction on weekends, and a temple on Capitol Hill during the week.

“Real Change’s concern is that now it’s cut and dry (to solicit our paper) if it’s a public sidewalk since there are First Amendment, free speech rights to sell Real Change,” said Harris. “With the introduction of subjectivity we are faced with the possible scenario that a merchant is annoyed with regular vendor who calls police to say, ‘I think this vendor is being aggressive.’ This subjectivity is inherently racist and (serves) those people who are afraid of solicitors that might not look like they do.”

“This ordinance is to embrace and promote fear, to make people afraid of poverty during this substantial economic downturn,” said Bible. “Burgess is creating fear of going downtown. Many are embarrassed to be on that street corner because they can no longer feed their families. This city needs to focus on the issues of poverty (…) and what needs to change. For this City Council to even present this (ordinance) is deeply disturbing. The ordinance does not truly defined what is solicitation and aggression.”

“Almost all (aggressive) behavior cited is already illegal under existing criminal statutes,” said Naryan. “People are far more concerned with open-air drug dealing in surveys taken. This is case where government is saying ‘trust us to use this wisely.’

“This statute makes it easier to punish the homeless and other vulnerable populations,” added Naryan. “It puts them on a fast track to criminalization. These individuals are not going to contest infractions or pay fines and will not be able to pay warrants issued that follow their arrest.”

We will follow up with this story after the vote, which may be as soon as Monday, April 19.