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Proposed panhandling ordinance may not make a difference, says lawyer

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BAKERSFIELD, CA - Tommy Edwards says he makes, on average, $30 a day panhandling around downtown Bakersfield businesses.

"There's a lot of giving people. It depends on other circumstances. How good people's businesses are doing. Do you keep a good eye on things? Which I do," said Edwards.

But under Penal Code 647(c), Edwards is violating the law.

"Which makes it a misdemeanor violation for a person to ask another person for either money or goods while they are in a public place," said Ray Pruitt with the Kern County Sheriff's Department.

Members of the Downtown Business Association presented an ordinance to the city council Wednesday to curb aggressive panhandling. The new plan would make it illegal to panhandle outside of a business. But, why is a new ordinance needed if California already bans panhandling? One local lawyer speculates why officers don't enforce the code often.

"There's so many people out there doing it, that if they were to arrest these guys we would overload our jail," said lawyer, Bill Slocumb.

Slocumb says if officers gave panhandlers notices to appear in court, it would cost the city money in booking fees.

"So here are people that are particularly unable to pay fines because they're broke. That's why they are begging to begin with, and so you're going to fine them for that? I doubt you'd have much impact in terms of behavioral change," said Slocumb.

Officials with the Mission at Kern County say the first step to help the problem is through education.

"It's not always about giving them a hand out, but giving them a hand up and referring them to an organization like this one and many others is the way to go," said Carlos Baldovinos, Executive Director at the Mission at Kern County.

Council members plan to discuss the panhandling issue again at the next Legislation and Litigation Committee meeting.

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