Asheville safety committee talks panhandling; panhandler says it's about tourism dollars

ASHEVILLE, N.C. (WLOS) — Panhandling has now become a hot topic for Asheville leaders who want to crack down by tweaking local laws.

But many who panhandle across Asheville on medians are already breaking current laws in place, as they face scant enforcement. Asheville Police Department cites the ongoing staffing shortage with challenges policing panhandlers breaking the laws.

Thus, laws prohibiting panhandling from the median haven’t served as a deterrent. APD reports it has issued 106 tickets or citations so far in 2023 to panhandlers and 223 tickets for all of last year. The biggest hurdle may be how to enforce changes with ongoing Asheville police officer shortages.

News 13 met Chris Gatchek holding his puppy Wednesday afternoon, July 26, while he sat on the grass at the I-240 exit onto Montford Avenue.

“I’m originally from Rhode Island," he said. "My name is Chris Gatchek; they call me Gatchek.”

Gatchek said he’s been cited for panhandling over the 12 years he’s lived in Asheville, but he continues to return to different locations to ask for help.

“I get a check every month, but it only goes so far,” said Gatchek. “At the end of the month, I got to do something.”

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Opinions are strong on both sides of the panhandling debate, but Asheville City Council’s subcommittee on safety, chaired by Councilwoman Maggie Ullman, is looking to address ongoing panhandling on roads and sidewalks.

“We haven’t updated this ordinance in 20 years,” said Ullman. “And we need as a community to discuss what we think about panhandling. You’re going to have people say never do it, it’s bad for the panhandler, it’s giving handouts, and you’re going to have people who say they’re human, I have some spare change I want to give. On city council, we’re opening it up to have that conversation.”

The safety committee Ullman chairs is listening to options and heard some Tuesday, July 25, during a meeting. Asheville city attorney Brad Branham is streamlining wording in two related Asheville code ordinances tied to solicitation. He said under federal law, people are allowed to ask for money from any sidewalk, but under city law, they can’t harass people by repeatedly asking. People can also hold signs asking for money on a sidewalk but cannot repeatedly verbally ask for money, Branham said.

“You can solicit, roadside solicitation, from the sidewalks, if you are not violating other laws," Branham. “Sidewalks were made for pedestrians. And, due to first amendment considerations, there’s a limitation, both in our caselaw, and state statute that says cities cannot prohibit someone from a roadside if they are on a sidewalk."

Ullman said she is interested in seeing local ordinances potentially create a 10-foot distance requirement for anyone asking for money which can be enforced in certain circumstances. Branham brought up another option, which cities like Charleston have done -- to ban drivers from donating to panhandlers in order to curb the issue.

Ullman said she wants to learn more about the driver ban option, and she said input from the community is welcome.

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“I’m ready for us to have that conversation. If you want to email me or call me, I want to hear what you have to say,” said Ullman, who can be reached at maggieullman@avlcouncil.com.

Panhandling can lead to an arrest, and, if charged, it is a misdemeanor, but the vast majority of incidences involving police have only been citations. There were eight arrests so far this year that included charges for panhandling coupled with other charges, according to APD.

Another discussion is to add west Asheville to the category of a high-pedestrian traffic area where panhandling codes can be stricter.

Gatchek said he has panhandled all over the city, including South Asheville on Airport Road. He said he's aware the city depends on tourism dollars and he shared his own opinion on why city council is taking up the issue now, after so much time not addressing it aggressively.

“They’re worried about their money coming in; that’s what they're worried about," he said.

Tourism officials have reported numbers have declined in recent months by 11% compared to years past.

City council is expected to review proposals on panhandling ordinance changes at the end of August.