New Beginning’s pastor Kelly Crenshaw addresses the Brownwood City Council
The Brownwood City Council met on Tuesday, November 22nd for a final reading of an ordinance regarding panhandling in certain areas within the city limits. A motion was recommended to the council to clarify the street names where panhandling will be prohibited to include east and west Commerce Street, Main Street and 377 South, and Austin Avenue, including west Austin Avenue.
On Tuesday, November 8th, Brownwood City Council members approved a first reading of the ordinance, but noted changes in the language would need to be addressed. The ordinance is the result of efforts to address numerous calls to city offices and emergency services regarding aggressive and belligerent behavior from individuals asking for money in public areas.
Before presentations from citizens wishing to address the council were heard, City Manager Emily Crawford explained the ordinance was not an effort to withhold assistance from community members in need.
“We do not want to not provide assistance to those in our community who are in need, but give them resources and references to those organizations who can help assist them,” Crawford said. “What we’re looking at is a way to help people connect with resources in our community and also to help our citizens not feel as though they’re being approached in an aggressive manner.”
Brownwood Police Chief Nichols was asked by Mayor Haynes to explain to the council how the ordinance would be enforced by patrol officers.
“We have been getting complaints about aggressive panhandling and people blocking roadways,” Chief Nichols said. “Working closely with Tim Murray and his team, code enforcement, we were trying to educate folks on here’s what you can do and here’s what you can do. And this ordinance just gives us some tools.”
Chief Nichols recommended taking a ‘holistic’ approach to the issue. “Law enforcement is only one piece of this tool. We would try to gain compliance with the ordinance first, through warnings, and try to change behavior that way. If push comes to shove, and we could not change the behavior, then obviously now we would have an enforcement tool.”
Daniel Graham addressed the Brownwood City Council on Tuesday, November 22nd.
Daniel Graham with the Brownwood Area Community Garden, which grows food to contribute to the Salvation Army soup kitchen, was first to address the council with concerns regarding the ordinance.
“The most common and most damaging mistake of public policy is treating the symptom while ignoring the underlying cause,” Graham stated in his opening remarks. Graham expressed concern the ordinance would only criminalize a symptom of poverty instead of addressing the reasons for poverty first.
Graham shared his ideas that criminalization of panhandling could be problematic under free speech protection. Graham also asked if the police already had the tools they needed to address aggressive and disorderly conduct without the need for an ordinance against panhandling specifically.
“It’s my understanding the police are trained to refer panhandlers to the local agencies that offer assistance,” Graham continued. “But if panhandlers decline that assistance and choose to keep asking the public for money, isn’t that their right?”
Katharine White, from Early, was next to address the council.
“Unfortunately people have a great need,” said White. “They feel that this is their only option and last resort.”
White explained various reasons individuals might turn to panhandling, citing her own experience working with the homeless. “Their stories are as numerous and as different as the weeds in our backyard,” White said. “I’ve come to know that a lot of these weeds grow into beautiful wildflowers. I am one of them.”
White expressed deep concern the ordinance would only cause more problems for people in need. “Being poor is not a crime,” she said. “It is in everyone’s best interest to handle these situations with compassion, assessment, and service.”
Third and final to address the council was Kelly Crenshaw, pastor of New Beginning’s Church in Brownwood. Crenshaw’s congregation is well-known in the community for offering immediate assistance to the homeless.
“It is with deep respect that I address you, and I thank you for your time,” Crenshaw began. “State supreme courts have already struck down several anti-panhandling laws in several cities, citing the First Amendment of the Constitution.”
Crenshaw asked if the council had considered potential lawsuits that could arise from enforcement of the ordinance. “Have you counted the cost, so to speak?” asked Crenshaw.
The pastor further explained that some of the individuals that his church serves have already been ticketed and behavior had not changed. One individual who had served jail time for the offense and been released, Crenshaw said was “probably standing in front of Walmart as we speak.”
He went on to explain, “You can pass a law and you can ticket them, they’re not going to pay their fine, they’re going to sit it out in county. Have we counted the cost?”
Crenshaw asked what the community has done to be proactive to address the issue of panhandling in the city. Addiction, mental illness, prolonged incarceration with no exit plan, and simply falling on hard times were all reasons Crenshaw listed for panhandling behavior. “These issues are not easily resolved, sometimes it feels hopeless,” he said. “What have we done as a community?”
After hearing public addresses before the council, Mayor Haynes said, “Brownwood is not an uncaring community. We have more social services than any other community than I’ve ever lived in.”
“We can always do better, we can always do more,” the mayor said. “I don’t think this is about not caring for the individual at all.”
Brownwood Mayor Stephen Haynes speaks regarding panhandling ordinance before the city council.
Mayor Haynes also heard from the executive director of the Family Service Center, Doak Givan. The Family Service Center presented a detailed booklet with a list of all the services available for community members in need to the city council for review. Copies of the booklet will be provided to law enforcement officers to help direct individuals to programs that can offer assistance.
“If the community is wanting to address the symptom there is an opportunity to do that by contributing to the services that are already in place,” Givan said.
After hearing from members of the public attending the city council meeting, Mayor Haynes then asked for further discussion from the council members. City Attorney Pat Chesser explained the ordinance addressed commercial areas where freedom of speech would be subject to “reasonable” regulation.
Councilman Draco Miller shared a personal story of an encounter with a panhandler in the Austin area who turned out to be his cousin. “He fell on hard times, has a master’s degree, and was living in Austin. I didn’t realize it was him until I approached him,” Miller said. He went on to explain he could understand the reasons for panhandling and also reasons where regulation may be needed. “As our officers go to approach them, as I know they will be professional and cordial, they will lead them to assistance rather than to a ticket,” Miller stated.
“Regardless of what we do today with regards to this ordinance, it does nothing,” spoke council member Larry Mathis. “It doesn’t solve the problem. The problem goes much deeper than an ordinance.” Mathis went on to explain the issue before the council was a burden beyond what could be addressed with an ordinance, and encouraged the local community and churches to work together for a solution.
With closing remarks presented from council members, Mayor Haynes then asked for a motion to approve the ordinance, which was offered, then seconded. The motion to approve the ordinance passed unanimously.
“I want to thank all of those who came before the council today,” Mayor Haynes stated. “One of the issues with me with this particular ordinance was making sure our officers have a reason to encounter those who are panhandling and make sure they know there are services available.”
“If we don’t achieve anything else,” the mayor continued, “I want to know that the guy begging on the street because he has no choice can at least appreciate that there are options.”
