“This ordinance feels like its goal is to make the most marginalized and the most delicate invisible by making it impossible to panhandle, by making protests impossible, by standing in the way of being heard,” said clergyperson Margot Page, the president of event co-organizers Berkshire Interfaith Organizing.
It’s called “Median Safety and Pedestrian Regulation in Public Roadways.” Against charges that it amounts to an assault on free speech and class war against the poor, Marchetti maintains it’s about traffic safety.
“If there is a person standing in a median that is blocking all of the traffic signs, that does create an unsafe environment for someone who doesn't live in the community that doesn't know the roadways," he said. "And if you're traveling from South County to North County, and you're at the intersection or approaching the intersection of East and First, do you know which direction you're going to go to if there's someone standing in front of all the traffic signs?”
The mayor admitted to WAMC that the city does not have data that draws a direct correlation between panhandling and traffic accidents.
For the most part, courts have determined that panhandling is protected speech.
If it passes, Marchetti says he doesn’t expect police officers with badges and guns to carry out enforcement of the ordinance.
“As part of my budget proposal, we will be adding three additional co-responders to the police department," he said. "It was part of the campaign conversations that we had. It's my hope to have them, 24/7, and so, to me, sending the co-responder to be like, what are you doing here? You know you can't be here- That co-responder has the wealth of information and be able to help them and point them in a direction for additional help.”
The first-term mayor compared the penalties to those levied at drinking in public.
“If you're caught drinking in public, you get a warning the first time, and then you get on a fine structure," he said. "If they don't pay the fines, they don't pay the fines. I had a conversation with one councilor, you know, will it be reported to a credit bureau ruin their opportunities later? I don't see that as something that we would be pursuing.”
Marchetti feels that the intense criticism aimed at him for the ordinance isn’t a fair portrayal of his efforts as mayor.
“I'm wondering how many mayors across the commonwealth or across the nation that have created a task force to look at the mental health and substance use issues, those two issues we know leads to poverty and homelessness or vice versa," he told WAMC. "So, can we look at the big picture?”
Marchetti speculated about more sinister forces behind panhandling in Pittsfield while telling WAMC that he had no evidence to back up the theory.
“We make an assumption that people are on a corner panhandling because they're poor," he said. "I think there are more issues, and I've had a number of conversations, and if we could find the evidence, I think we'd jump on in a heartbeat, but I suspect that there's a human trafficking component to the panhandling. And we have enough people seeing a certain vehicle always dropping people off at different locations. I don't know that answer. Hey, you come stand here today- You take 25% of the proceeds, you give me the rest, and I'll pick up and bring it back tomorrow. If we can find evidence of that, then I think the DA would be a happy camper with a case to prosecute.”
WAMC asked the mayor if he believes the ordinance in its current form will be approved by the city council.
“I think it passes in some form," said Marchetti. "Passes as it is today, probably not. I think that some folks will want some assurances that it doesn't jeopardize first amendment rights. I think folks will want some assurances on some other pieces. We continue to say that this is criminalizing poverty- The whole process is a civil infraction. It's not a criminal infraction. So again, where are we? Let's just talk.”
The Pittsfield city council ordinance and rules subcommittee meets Monday at 6 to discuss Marchetti’s proposal. They will vote on whether or not to recommend the measure before it goes before the full council Tuesday.
