Indiana lawmakers' attempt to criminalize panhandling raises free speech concerns

LOUISVILLE, Ky. (WDRB) -- Indiana lawmakers plan to crack down on panhandling, and a proposal is one step away from the governor’s desk.

But Hoosiers are split about the crackdown, with some saying it would help businesses while other said it would criminalize homeless people and infringe upon free speech rights.

Rocket Fizz Manager Lee Caylor sees panhandling all the time right outside the store on Monument Circle in downtown Indianapolis.

“They don’t take a day off,” Caylor said.

He said he understands why lawmakers want to stop panhandling, because it affects the experience of customers.

“You want them to come in and have the best experience possible, and you don’t want to have your customers feel bothered or bugged,” Caylor said.

But Steve Kerr, the executive vice president of advancement for Wheeler Mission Ministries, said he is unsure about the bill.

“To criminalize them by just saying they cannot sit here quietly with a cup — I’m not sure I’m in favor of that," he said. "That’s sort of infringing to me upon free speech a little bit.

"The aggressive side, I certainly get, you know walking after somebody, being close to an ATM or a line in a restaurant. I get that."

The proposal calls for a punishment of up to 60 days in jail and a fine of up to $500 if panhandlers are caught within 50 feet of the entrance of a bank, business, restaurant or public monument, according to a story by Fox 59. While current law prohibits panhandling at night, the proposal would outlaw panhandling at all times.

Caylor said the penalties are “a little harsh” and suggested the panhandlers should be given a couple of warnings first.

The proposal, Senate Bill 335, is headed to a conference committee, where it will be finalized. It also includes criminal matters unrelated to panhandling.

The American Civil Liberties Union called the proposal “an unconstitutional attack on free speech that targets those who are most vulnerable. … The Indiana legislature should be trying to remedy the reasons people find themselves in these situations in the first place.

“Criminalizing poverty is never a solution."