Josephine Moore, The Register-Herald, Beckley, W.Va.
5 min read
May 19—Mayor Rob Rappold said those in Beckley city limits who make a living off panhandling should have to pay for a business license.
"In my mind, if that is how they make a living, that living is a business and if you do business, especially nontaxable income in the city of Beckley, at the very least you should have a business license."
Rappold also doesn't believe that people should give to anyone involved in this illegitimate business.
"I think anybody who makes that contribution is encouraging these folks to continue what they're doing," he said. "And we have documented comments on some of these panhandlers — they're not destitute, they're not homeless ... we hear of people who are dropped off by somebody in a car to begin their daily work as a panhandler. I think there's a good chance that this whole industry is part of the larger organization."
The mayor wasn't the only one sounding off on panhandlers during a Beckley Common Council work session Tuesday. During work sessions, the public is allowed to attend but is not allowed to join in on the conversation.
The council was considering a new ordinance or expanding on an existing one to discourage, prevent and potentially punish panhandlers.
While the majority of council members agreed that panhandlers had become an increasing issue that should be dealt with, councilman Robert Dunlap said the city should not be so quick to act.
"We need to make sure whatever we do is cognizant, of course, that we maintain public safety, but that we do not stop people who need assistance from getting it," Dunlap said.
Even recognizing the possibility that there may be, as the mayor said, people who are begging for money under false pretenses, Dunlap said there are also many people who truly need help.
"I just want us to be really mindful of what we do because for every five of those folks that are busing in and finding transportation, I don't want to stop the two people who literally are so knocked off of their resources that they have to beg for help and we restrict them," Dunlap said.
Beckley's current city code does not contain any ordinances which specifically reference the word panhandler.
However, in a section of city code called "Peddlers, Solicitors and itinerant dealer and vendors" under the label "Begging as habitual occupation prohibited," it states that, "It shall be unlawful to follow the practice of soliciting alms as an habitual occupation."
In another section, it states that some solicitation is allowed if the person or organization has a permit from the city.
Solicitation permits are only valid for a week and are issued by the recorder-treasurer. To apply for a permit, an applicant must disclose whom the solicited funds are for and how they will be used. Applicants may also be required to provide proof to the city that the funds were used as specified.
No one receiving public assistance at the state or federal level can apply for a solicitation permit in Beckley, according to the ordinance.
While the section of code dealing with beggars and solicitors does not specify a punishment for not following the city's rules, a separate section of city code states that anyone found violating any city "ordinance, resolution, rule, regulation or order shall be punished by a fine not exceeding two thousand dollars ($2,000.00)."
Beckley city attorney Bill File said the city has not strongly enforced its existing beggars and soliciting ordinances.
"I think it is something that has become a problem in Beckley that needs to be regulated," File said. "I would like to see us to review what we have on the books today, to determine whether there are some modifications or changes we can make, to try to get this under control."
He added that it's unlikely the city will be able to outlaw panhandlers in the city, but the council should be able to curb the problem to where it's not a public safety issue.
File said it was unlikely the city could stop people from asking others for money.
"I don't think that's the goal," File said, "but as far as being a nuisance or a safety issue, you've got to address that and it is certainly a safety issue there. There are corners that probably everybody in this room is aware that we have people that are panhandling almost every day."
He went on to describe one man who stands at the Go Mart on the corner of West Neville Street and Robert C. Byrd Drive near the entrance to downtown Beckley. File said he has a dog that is not on a leash and usually lies on the ground next to the man while he stands on the street corner.
"That dog, not long ago, got into a fight with another dog and it was not a good situation there," he said. "This individual brings a dog, and the dog sits there, lies there and it's not being controlled in any manner and it created a serious issue. These are things that we've got to address."
In amending or creating a new ordinance, File said the city must be prepared for challenges from the American Civil Liberties Union (ACLU), which has fought against other panhandler ordinances, calling them unconstitutional.
In 2017, the ACLU of West Virginia fought against a proposed panhandlers' ordinance in Charleston saying that it violated people's First Amendment rights, according to a MetroNews article written at the time.
The ordinance was eventually voted down a few years later, according to a 2021 article by WOWK in Charleston.
