By Glenn Rolfe

SEAFORD — Police Chief Marshall Craft believes he has a proposal that will enhance public safety and, hopefully, connect some needy individuals to assistance for mental health, substance abuse, shelter and food.

With traffic crashes on the rise, Chief Craft is asking city government to push back — not ban — panhandling and crowd-drawing activities such as protests along busy roads and intersections.

At City Council’s Tuesday meeting, he presented a first reading of his ordinance proposal, which would restrict panhandling 200 feet from an intersection or crossover zone.

“This lays out the ordinance that doesn’t prohibit anybody from panhandling passively or with a sign. They can still do that,” Chief Craft said. “We’re just asking that they stay 200 feet back from a crossover or an intersection for fear of pedestrian safety.”

The proposition, which was reviewed by city solicitor Daniel Griffith, was modeled to some degree after an ordinance in Madison, Wisconsin, which Chief Craft said does not restrict panhandling.

According to traffic data, there were 533 crashes in city limits in 2020 and 629 in 2021. They included some serious and fatal incidents.

The idea, Chief Craft said, is to move panhandlers, or individuals passively asking for money or handouts, away from busy areas. It would enhance their safety and reduce driver distraction, he said.

Intersections, roads and medians near the McDonald’s restaurant at Norman Eskridge and Sussex highways and near Walmart at U.S. 13 and Herring Run Road rank among the city’s highest crash locations.

“This is for public safety. I want to make that first and foremost,” Chief Craft said. “This is not about panhandlers, although panhandlers are causing concern. There is a narrow concrete median, so to speak, across from McDonald’s there. I’ve seen individuals there several times. It’s very concerning. There is a ton of traffic there.”

Councilman James King had some questions.

“The only concern I have is you can do it anywhere you want, other than 200 feet,” he said. “We’re going to push you back 200 feet. To me, that is the point that I kind of struggle with.”

Chief Craft replied that moving the individuals back “might not be perfect, but it’s a heck of a lot safer.” He added that eliminating panhandlers altogether would be going too far.

Councilman King also asked the chief if the ordinance would hold up if challenged.

Chief Craft said, “It was sent to the solicitor. The solicitor looked at it. The ordinances that have had the problems are the ones that have banned panhandling. The ones that have stood up were the ones that simply addressed it from a public safety concern for pedestrian safety.”

He concurred there are some concerns because the American Civil Liberties Union has addressed panhandling, which the group says is free speech protected under the First Amendment.

“People have a constitutional right to ask for help, protected by the First Amendment. Laws that seek to limit how, when and where people are allowed to ask for assistance are targeted toward erasing low-income earners from our community,” said Mike Brickner, ACLU of Delaware’s executive director. “Rather than focus on limiting people’s right to ask for help, leaders in Seaford should turn their attention to the underlying issues that contribute to housing insecurity, joblessness and food scarcity. Regulating where people can solicit assistance does nothing to actually help the individuals but makes it more difficult for them to obtain the help they need. We urge Seaford leaders to uphold the Constitution and reconsider this ordinance proposal.”

Chief Craft, at his council presentation, emphasized that this “has nothing to do with restricting panhandlers. What it does have to do (with) is restricting them back 200 feet, so they are not causing accidents or being struck themselves. The whole idea is to not infringe on First Amendment rights. It doesn’t (prohibit) panhandling. We could address issues of panhandling if they are aggressive. But this is a public safety/pedestrian safety issue.”

Vice Mayor Dan Henderson asked the chief for more detailed data prior to the second reading Feb. 8, adding, “I think most everyone would agree that we want to try to make it safer.”

In moving individuals farther away from busy intersections, the police department can better utilize its diversion program, which includes community partners.

“We’re addressing the traffic safety concerns for pedestrians. It also gives us an opportunity to make contact, to try to offer them an opportunity to get some service that they need — substance abuse, mental health or shelter or food or anything of that nature — without infringing on the right to still stand there with a sign,” said Chief Craft. “I’d much rather handle a contact than a fatal accident or a serious injury.”

With ordinance adoption, panhandlers and offenders of the 200-foot restriction would be given warnings by police and copies of the ordinance with explanation of what it means. Monetary fines, initially no more than $50, could be imposed for repeat offenders. There are also plans for posted signage designating restricted areas, Chief Craft said.

“You can’t arrest your way out. This gives us another opportunity to try to offer help and give them an opportunity to not get charged … and maybe get them in treatment that they need,” he said. “We have tons of nonprofit organizations that we partner with to provide them with the resources they need.”