NICK GOSNELL
Hutch Post
HUTCHINSON, Kan. — The Hutchinson City Council discussed how to address aggressive panhandling in the city at its meeting on Tuesday. Councilman Greg Fast said he was contacted about the issue and wanted to bring it to the council's attention. Councilman Stuart Conklin III agreed that it is a problem.
"I can handle mine," said Conklin. "There are lots of people that would not be comfortable with this. I think that needs to be addressed. As we've seen it, it's expanding. Once it starts and it's allowed, it expands."
Mayor Jon Richardson asked Fast to do some homework on the issue.
"Look to see what kind of panhandling ordinances are out there in other communities," Richardson said. "I'm sure it's online. See if there's something that's reasonable for us to look at adopting. Maybe it's simply something in regards to not within a certain distance of a business entrance or something like that."
The problem is, because asking for money is speech and speech is protected under the First Amendment, panhandling regulations are virtually impossible to write in a constitutional manner.
"We understand the problem," said City Attorney Paul Brown. "In terms of panhandling and the anti-camping type ordinances, you'll see it, if you just Google either one. Ordinances in Kansas regarding either one of those subjects, panhandling or camping. It comes up with the constitutional objections and the threats by the ACLU."
There have been several rulings as recent as 2021 founded in a 2015 U.S. Supreme Court ruling upholding the rights of panhandlers, as long as they are in public spaces, regardless of their distance from private spaces.
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