The City Council gave preliminary approval Tuesday to an ordinance that outlaws panhandling and other forms of solicitation in a 12-square block in downtown Colorado Springs.

The ordinance, scheduled for second reading and final approval Nov. 27, is expected to be on the books and subject to enforcement Dec. 2.

“CSPD will be working very closely with the … downtown community but also with the panhandling community, the solicitation community, to let them know this is coming and they should start altering their behavior now,” City Attorney Chris Melcher said.

At first, police will issue warnings to panhandlers, Chief Pete Carey said.

“The second time, they will be issued a summons and released,” he said.

City Councilman Bernie Herpin said “reasonable restrictions” can be placed on First Amendment rights, including the right to ask a stranger for money.

“The proposed ordinance, I believe, strikes a balance between the right to solicit and the right of citizens, visitors and shoppers to enjoy their right to life, liberty and the pursuit of happiness,” Herpin said.

After an hours-long hearing Tuesday, the council also modified an existing city-wide ordinance to expand the no-soliciting area in front of all buildings. The change means no soliciting within 20 feet of the entrance of a building, instead of the current six feet.

In a separate vote, the council banned soliciting along state highways, primarily to fight panhandling on Highway 24.

Both votes passed 8-1. City Councilman Val Snider cast the lone dissenting vote both times but didn’t offer an explanation.

The no-solicitation zone, which includes Acacia Park, is bordered by Boulder Street on the north, Nevada Avenue on the east, Cucharras Street on the south and Cascade Avenue on the west.

“The genesis of this is from the downtown community, the merchants and the business people as well as citizens who have, in my 17 months here, continued (to ask me) to do something about this problem,” Mayor Steve Bach told the council before the vote.

“The downtown retailers and restaurants are suffering due to the continuing aggressive panhandling, and they’re very worried that they’re going to lose this holiday shopping and dining season if we don’t take action,” he said.

The council previously scheduled the no-solicitation zone as a discussion-only item but moved it up for a vote at the request of Bach. The zone is part of a larger vision that Bach hopes will lead to what he calls a downtown renaissance.

“When people feel threatened, to me, that’s where we have to draw the line,” Bach said.

Bach noted that the proposal had been up for discussion for months and urged the council to make a decision.

“This is a hard decision, but one we must make,” he said.

Council chambers were nearly packed throughout the meeting, and about two dozen people signed up to speak.

Several downtown business owners spoke in favor of the no-solicitation zone while merchants and residents from Colorado Springs’ west side asked for more support in their part of town, too. The west side is grappling with panhandling and a rash of criminal activity, including drugs and assaults, according to residents.

Others opposed the ordinance.

Loring Wirbel, co-chairman of the Pikes Peak Area ACLU, said after the vote that he expects a legal fight over the no-solicitation zone.

“Even though it’s just the first reading, I think it’s safe to say that the litigation process will be put in motion virtually immediately,” he said.

Eric Verlo, Daniel Kontoff, and other protestors stand outside Colorado Springs City Hall before Tuesday’s meeting in which the solicitation ordinance covering downtown was approved. Photo by JERILEE BENNETT/The Gazette

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