Springfield City Council last night approved proposed restrictions on public activity downtown, while largely gutting a panhandling bill through a passed amendment and tabling a food-distribution ordinance.
The four proposals - concerning panhandling, skateboarding, food distribution and smoking largely in the downtown area - are updates to city codes developed by the Park Central Square Task Force, a collection of business owners and civic leaders who recommended the changes to council’s Plans and Policies Committee in November to address safety concerns.
The governmental body voted to amend a prohibition on panhandling around Park Central Square and tabled an ordinance requiring groups and individuals to register with the Springfield-Greene County Health Department before they distribute food in the area.
Council members Doug Burlison and Cindy Rushefsky – who often take different positions on issues, such as restricting the over-the-counter sale of ingredients used to manufacture methamphetamine – joined forces to oppose broad restrictions on passive panhandling across the city.
Together, they called for an amendment to the panhandling ordinance that would have restricted requests for money in downtown and most public spaces beyond. The amendment, which passed with a 6-3 vote, allows passive panhandling downtown and in public places such as sidewalks that are at least 5 feet away from roads. Mayor Bob Stephens, Jan Fisk and Jeff Seifried voted against the amendment.
Rushefsky said she felt it was unconstitutional to effectively prohibit people from asking others for money and food in public.
“There is a first-amendment right to free speech involved in panhandling,” Rushefsky said. “We’ve all sworn to uphold the constitution, and I think we all have an obligation to do that. I’ve heard it said, ‘Let’s go ahead and pass it. Maybe, nobody will contest it, and we can enforce.’ To me, that is not upholding the constitution of the United States.
“The constitution was written not to protect the majority, not to protect the wealthy and powerful, because they can protect themselves. The Bill of Rights, in particular, was put into place to protect the powerless – the people who aren’t as likely to protect themselves.”
Burlison agreed and voted against all four proposed bans. He said adding more restrictions on visitors to downtown was a bad idea.
“My fear is that with these packages tonight, we are going to overshoot our target and perhaps create a bad economic situation in the downtown area,” Burlison said. “People may have the propensity to think of this as an area where there are so many rules and regulations that they will go to a different place to spend their money and have some fun.”
Councilman Jerry Compton said doing nothing would provide an advantage to private retail spaces, such as the Battlefield Mall, compared to retailers downtown because mall owner Simon Properties can prohibit unwanted panhandling.
“We have a lot of folks who have invested their sweat equity in trying to revitalize their downtown area,” Compton said, adding that panhandlers represented an obstacle to growth. “The mall prevents that by its own rules, and it’s private property, so we allow them to enforce that. Well, the downtown merchants don’t have the luxury of a buffer zone. This is their front door.”
Council approved the panhandling measure, which restricts panhandling on medians and shoulders across the city, by a 7-2 vote. Burlison and Rushefsky remained opposed to the bill even with their amendment in place.
With the same 7-2 vote, council passed new restrictions on smoking on Park Central Square and surrounding sidewalks with exceptions for businesses with outdoor seating. Councilman Craig Hosmer was among the supporters. Hosmer countered Burlison’s criticisms of the measure by saying that outdoor smoking is already prohibited at city parks.
Only Burlison opposed restrictions on skateboarding in the Downtown Mall area. Per city code, the area comprises streets and sidewalks north of McDaniel Street, south of Olive Street, west of Jefferson Avenue and east of Campbell Avenue, including the square itself.
Councilman Craig Fishel moved to table the food-distribution ordinance until council could arrange to meet with those who voiced opposition to the measure. Stephens was the only vote against tabling the bill.
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