Petitions are circulating in Bennington to recall an ordinance that prohibits “aggressive panhandling” and sleeping in cars in public areas.
Opponents say the law is unnecessary and that it unfairly targets the town’s neediest residents.
The ordinance was adopted by the Bennington Select Board at the end of November.
Bennington Town Manager Stuart Hurd said the issue was raised by members of the chamber of commerce and a downtown advocacy group.
“Because they were becoming concerned that panhandling was becoming a problem,” Hurd said.
The town manager said some merchants were told by visitors that panhandlers in Bennington’s downtown had made them feel uncomfortable. The town responded by amending an old law governing behavior in public places.
From his lunch cart and grill near the town’s main intersection, select board member Jim Carroll sees things differently.
“People allege that we’re just over run with panhandlers,” Carroll said “In the more than six years that I’ve been out here, I can count on one hand the number of times that I’ve been approached. I just don’t see it.”
In between orders for hot dogs and pulled pork sandwiches, Carroll warms his hands in his red sweatshirt.
He’s the only member of the Bennington Select Board who voted against the ordinance. He’s now carrying a petition calling for a townwide re-vote on the measure, which imposes fines for “aggressive panhandling.”
“You’re going to fine a beggar?” Carroll laughed. “If they’re panhandling and they’re begging, they certainly don’t have money to pay a fine. I think there are more effective ways to deal with them.”
Carroll attributes most of the panhandling in town to a few “regulars” who are known to struggle with mental illness.
The ordinance also imposes fines for sleeping in motor vehicles. It authorizes the town to impound vehicles whose owners don’t comply.
Carroll said that’s just wrong.
“Especially when it comes to people that have no other choice other than to sleep in their cars,” he said. “To somehow take that away, that last refuge of dignity, I think is immoral.”
Town Manager Stuart Hurd said the town doesn’t intend to clamp down on the needy. He said police will explain the law and offer to connect people with services that can help.
“You can go to the state of Vermont, the Agency of Human Services,” said Hurd. “They have vouchers for overnight stays, they can help you if you’re truly in need. We also have the Bennington Coalition for the Homeless. They can help you if you’re truly in need.”
But Mary Gerisch of the Bennington Coalition for the Homeless said there aren’t enough services to meet the needs of all the homeless people in Bennington.
Gerisch drafted the petition for a recall vote. She said the coalition doesn’t advocate sleeping in cars. But for some, the only alternative is sleeping on the cold ground.
“The fact is that the shelter is full and overflowing every night,” Gerisch said. “We have families that do live in their car on a temporary basis because there isn’t enough room at the shelter. So if people are waiting to get the services in place, I don’t see why we should keep them from doing that.”
But not everyone agrees, even at Jim Carroll’s cart.
Over lunch at a curbside table, Chris Kennedy said he’s tired of being approached for handouts.
“I know people are desperate,” he said. “But it’s not something you like to see. You see people pull up, and they’re scared, you know. There’s a place for these people to get help. I believe. They just aren’t looking for it, just looking for the easy way out.”
As he flipped a burger on his grill, Carroll said he’d like to see Bennington address the problem without fines or citations.
The panhandling amendment won’t take effect until late January, 60 days after its passage. The petitioners have 44 days, and will need about 500 signatures, to bring the measure to a townwide referendum.
