Evanston committee advances repeal of panhandling restriction to City Council after debate

The Evanston Human Services Committee on Feb. 2 voted to advance an ordinance that would amend peddlers and solicitors rules and repeal the city's panhandling provision, sending the measure to the City Council for further consideration.

Civil-rights advocates urged repeal during public comment. Kyle Voyles, senior attorney with the Chicago Coalition to End Homelessness, ACLU of Illinois and the People's Law Office, told the committee "Virtually every court to consider the issue over the last decade or more has held that panhandling ordinances like Evanston's are unconstitutional because they regulate the content of people's speech." Voyles said fines and fees tied to such laws punish people experiencing homelessness and urged the city to remove the ordinance.

City staff and council members debated how to balance free-speech concerns with downtown business and public-safety interests. Fourth Ward Council member Jonathan Nussmith said he understood the constitutional concern but worried about the downtown commercial districts, saying, "We need to make sure people feel safe and welcome to patronize local businesses." Nussmith said he was open to stakeholder discussions to find alternatives to a full repeal.

Liza Robertson Young, the city's chief legislative policy adviser, said the panhandling provision is "very rarely, if ever, enforced right now" and noted the city's care team has changed the approach to incidents involving panhandling. Robertson Young told the committee that when conduct rises above protected speech there are other ordinances available for enforcement.

Committee members pressed for clarity on how aggressive or criminal conduct would be handled if the panhandling section is repealed. One member requested that the next draft include a memo from Evanston Police Department describing how the city would address aggressive behavior and that the care team be consulted about operational responses.

The committee approved the measure by voice vote and moved it to the City Council for final action. The committee also passed a number of housekeeping code updates on animal control, smoking prohibitions and farmers-market licensing at the same meeting.

The ordinance will next be considered at a forthcoming City Council meeting.