When Worlds Collide

In one world you have those that want to protect the rights of all persons and in the other you have those that want to protect the rights of a select few. Currently we have two ideas moving through the California State Legislature that if both are enacted will collide head on.. The first one is Senate Bill 604 Vehicle Rules of the road introduced by Senator Joel Anderson (Republican) 36th Senate District which encompasses San Diego and Southwestern Riverside County. This measure would amend SECTION 1. Section 22520.5 of the Vehicle Code to include a prohibition against a person from soliciting, displaying, selling, offering for sale, or otherwise vending or attempting to vend any merchandise or service while being wholly or partly within an intersection controlled by a traffic control signal. This measure is supported by Wildomar city staff which recommended passing a resolution by the Wildomar City Council Agenda item 3.4 dated April 10,2013 which was passed, approved and adopted by a 4-1 vote. In a recent news story one council person calls them solicitors and another calls them panhandlers, neither term is covered by the amendment.

The second measure is Assembly Bill 5 Homeless Person’s Bill of Rights and Fairness Act introduced by State Assemblyman Tom Ammiano (Democrat) 17th Assembly District which encompasses the eastern half of San Francisco city-county.An act to add Part 2.2 (commencing with Section 53.1) to Division 1 of the Civil Code, and to amend Section 11135 of the Government Code, relating to homelessness. The collision occurs with SEC. 3. (a) It is the intent of the Legislature to enact legislation that would, except when otherwise not permitted by federal law, ensure that everyone in the state has the right to all of the following:(1) Access to income sufficient for survival, regardless of employment status or criminal justice background, including, but not limited to, the right to receive funds through public welfare programs, private donations, collecting recyclable goods, or soliciting donations in public spaces

In the first world there is an attempt to prevent panhandling by the homeless at intersections controlled by signals even though according to the state mandated analysis of the bill item 2. There is no data specific to these activities. There appears to be no data available on the frequency with which vendors or solicitors are involved in accidents at intersections. The problem as I see it there is already laws on the books that make it illegal to do this within 500 feet of a freeway ramp which is currently not enforced, the law also currently exempts  police and fire personnel collecting for charities with a permit, and to a certain extent is cheered about in stories such as the one about Dave the sign twirler. I truly enjoyed Dave’s display for the time he was there, clearly in violation of the current laws on the books as the intersection of Hidden Springs Rd is within 500 feet of a freeway right-of-way.In the second world there is an attempt to make sure that people of lesser means have a right to earn a living, short and to the point, if its public space everyone has access.

California as much of the nation has in the past outlawed what they do not want to see like the “Ugly Laws” making it illegal for persons with "unsightly or disgusting" disabilities to appear in public, the first law was enacted in San Francisco on July 9, 1867. The last of these laws was not repealed until October 8, 1973 in Chicago. These laws targeted poor people as they were not being enforced against people such as FDR, Helen Keller nor other people of means.