PHOENIX — He says it’s only about public safety.
But a new proposal by state Sen. John Kavanagh would have the effect of making it illegal for panhandlers to be in street medians.
The state law he’s proposing doesn’t actually mention begging. Nor does it refer to people who set up in medians to sell items to passing motorists.
Instead, it spells out that individuals would not be allowed to remain on a traffic median or island that is less than 10 feet wide unless they are “expeditiously crossing’’ the street.
“People standing on medians when cars are driving by at 40-50 miles an hour is dangerous,’’ said Kavanagh, a Fountain Hills Republican. “It’s dangerous for the person on the median and it’s dangerous for drivers who may have to swerve and get into an accident — or perhaps hit them, if they step into the roadway if they’re intoxicated.’’
A panhandler gathers up her belongings and her dog from the median on West Orange Grove Road at the intersection of North Oracle Road, where the state has posted a “no trespassing” sign, in this 2023 photo.
The bill does include some exceptions. In addition to people “expeditiously crossing’’ the street, pedestrians also could hang out on a median or island that has constructed paths, sidewalks, bus stops, benches “or similar structures that are designed to accommodate a person’s presence.’’
Kavanagh insisted his Senate Bill 1029 has nothing to do with cutting down on begging.
“I don’t think because I ban dangerous panhandling on narrow medians that people will suddenly stop panhandling and get jobs,’’ he said. “They’re just going to go to the sidewalk. So it’s not going to have any effect.’’
But Kavanagh has a history of writing state laws that do specifically target the practices of those who beg for money or handouts.
Those efforts started after a federal judge ruled in 2013 that panhandling is protected by the First Amendment. That voided all Arizona statutes that made the practice illegal.
A year later Kavanagh sought to rewrite the law. But that fix was vetoed by Republican Gov. Jan Brewer, who questioned the need for a new statewide law, saying localities remain free to adopt their own ordinances.
The following year Kavanagh was back, with a more specific — and personal — issue.
He said he was frustrated going home from the state Capitol in the evening, getting off the 202 freeway at Country Club Road and finding the light at the bottom of the ramp was red — and not because of regular traffic control. Someone there had pushed the crosswalk button specifically to stop motorists, in order to provide an opportunity for begging.
“Here’s someone who’s not working, who’s bumming money, and he’s going to slow you down so he can bum off more people?’’ Kavanagh told Capitol Media Services at the time. “That’s wrong,’’ he said, calling panhandling at crosswalks “one of those little murderers that drive people crazy and make people upset that government can’t control bad behavior.’’
That measure became law.
Kavanagh also is the author of another law that makes “aggressive panhandling’’ illegal.
It makes it a crime to solicit money or sell goods in a public area by knowingly or recklessly making physical contact with another person.
It also outlaws approaching or following someone being solicited in a way “to cause a reasonable person to fear imminent bodily harm.’’ That law also makes it illegal to continue soliciting after being told to stop.
In addition, it bans any kind of begging within 15 feet of banks and automated teller machines.
Kavanagh said at the time these are “quality of life crimes.’’
“These are the little incivilities that drive the middle class out of our cities and destroy cities and make them ghettos,’’ he said.
But Kavanagh said of his latest proposal, “I think it would just displace panhandling to a safer location on the side of the road. I’m relocating them to a safer location that’s probably no more than 30 or 40 feet away. I don’t see where that’s infringing on their ability to panhandle.’’
He said that’s why he expects support from at least some lawmakers from across the aisle.
“The Democrat opponents in the past, having seen what happens to homeless people who are unsupervised and in the street, will have a little compassion for them,’’ he said.
That’s not how Democrats viewed it last year, however, when lawmakers considered a nearly identical measure pushed by Rep. Joseph Chaplik, R-Scottsdale.
“It’s criminalizing people who don’t need to be criminalized,’’ said Rep. Patty Contreras, D-Phoenix, in opposing the legislation. And Rep. Analise Ortiz, another Phoenix Democrat, said the measure failed to address the underlying reasons people are asking for money.
That bill did clear the Republican-controlled Legislature, only to be vetoed by Democratic Gov. Katie Hobbs. She said the measure, and who it might affect, was not narrowly crafted.
“Recognizing the importance of constitutionally protected rights, it is critical that we approach these matters with precision to avoid infringing on Arizonans’ freedoms,’’ Hobbs wrote.
That drew an angry reaction on social media from Chaplik, who said the veto would “end up costing lives of pedestrians in dangerous areas of roadways.”
