Seidler signals need for “Pedestrian and Vehicle Safety” ordinance
During a recent Rules Committee meeting, Councilor Seidler said an ordinance was needed to curb panhandling; however, vague language could result in broader anti-jaywalking legislation.
WHEELING – During a Rules Committee meeting on Aug. 20, Councilor Ben Seidler discussed the idea of a “Pedestrian and Vehicle Safety” ordinance, commonly referred to as anti-panhandling legislation. However, the legislation could have a broader impact on jaywalking, or crossing the street outside of a crosswalk, as well.
“What we’re trying to address here is a public safety issue,” Seidler said. “[W.Va. Code] grants local authorities the power to enact ordinances from crossing any roadway in a business district or any designated highways except a crosswalk.”
The purpose of the legislation is to stop individuals from walking in the road to collect cash tips from passersby.
Seidler recalled a time on the 70 Exit 2A - Oglebay Park off ramp where he says a driver on the stopped at a greenlight to give money to a person on the side of the road, allegedly causing a large truck to come within inches of rear ending the driver’s car.
The Oglebay Park exit is a popular spot for at least three individuals to hold signs asking for money.
Recently, the West Virginia Division of Highways placed large rocks at the spot in an apparent attempt to curb panhandling. A spokesperson for the division refuted that claim, saying the stones were “placed to encourage the usage of the ADA compliant path via the newly installed curb ramps.”
“Walking around in front of [cars] at a traffic light and in and around them, walking up to their faces in the middle of the lane…that’s aggressive behavior,” Seidler said. “It’s not okay.”
Street MOMs, a local nonprofit organization, estimated there are likely a dozen people panhandling in the Friendly City. By their estimation, only three of those individuals are experiencing homelessness.
The legislation could put an end to the Wheeling Fire Department’s annual “Fill the Boot” drive, too, where firefighters collect donations on the side of the road to benefit charities. In previous years, as much as $10,000 has been raised. 2023 saw WFD raise money for the Muscular Dystrophy Association helping send kids to an MDA camp.
Choose your words carefully…
Members of the city government were careful in their word choice regarding the ordinance.
“We have to be mindful of the Supreme Court ruling regarding pointing a sign in First Amendment rights,” city manager Robert Herron said. “This is clearly geared toward pedestrian safety and vehicular safety. You could still stand along the side of the road and have a sign, but you can't approach vehicles and go into the right of way and try to ask for and take money.”
In 1980, the Supreme Court of the United States ruled in Schaumburg v. Citizens for a Better Environment that “solicitation for money is closely intertwined with speech” and that “solicitation to pay or contribute money is protected under the First Amendment.”
Collaborating on anti-panhandling legislation…
Herron said the city is collaborating with the cities of Beckley, Charleston, Huntington and Morgantown, as well as Monongalia County, to draft anti-panhandling legislation.
A request for comment sent to the city of Charleston went unanswered.
The city of Morgantown had an anti-panhandling ordinance on their books since 2005, but on May 21, 2024, the city repealed the legislation after Mountain State Justice filed a lawsuit.
On Oct. 25, 2023, the Monongalia County Commission unanimously approved a “Pedestrian and Vehicle Safety Ordinance.” The ACLU of West Virginia and Mountain State Justice released a joint statement opposing the legislation.
Broader implications of vague language…
While curbing panhandling may be the intent of the potential legislation, if approved it may have a broader impact on jaywalking in a city where crosswalks can be far and few between, and aging infrastructure and frequent construction fencing often pushes people into the roadway.
The downtown Streetscape has seen crosswalks with pedestrian signals installed; however, when you leave Main Street the situation becomes more fraught.
In East Wheeling, for example, just one intersection, at Eoff Street and 14th Street, has a four-way painted crosswalk. Crosswalks also exist on Eoff Street near the Cathedral of St. Joseph and on 14th Street near Central Catholic High School. Other than that, the urban neighborhood is devoid of designated crosswalks.
It’s also common to see people walking in the street for various reasons.
Construction on Chapline Street near the historic Ohio Valley Medical Center and Center Market Garage, each facing demolition, sees the sidewalk abruptly blocked by fencing. For over a year, the Columbia Gas building saw fencing block the sidewalk too, despite a lack of visible work being done for some time. In these instances, pedestrians are forced to either jaywalk or walk in the street.
People in mobility scooters are sometimes pushed into the street due to crumbling sidewalks throughout the city, to avoid obstacles on the sidewalk, or due to a lack of ADA compliant ramps to enter the sidewalk.
When asked if the legislation would prohibit jaywalking, Seidler admitted he “[hadn’t] considered that,” but added it likely would ban the act. “I think it’s a public safety issue,” Seidler said. “I don’t think [anti-jaywalking laws] are enforced here, but it probably should be.”
Jaywalking is banned per W.Va. Code §17C-10-3 and Wheeling Code §371.03, but only in the instance where a person crosses the street outside of a marked crosswalk on a street controlled by traffic signals. The code largely goes unenforced. The proposed legislation appears to expand on current city code.
This reporter brought up concerns about a lack of crosswalks, and whether the city would paint more crosswalks if the “Pedestrian and Vehicle Safety” legislation was adopted. Seidler said it would make a lot of sense, but he hadn’t considered that, either.
“I think that does make a lot of sense,” Seidler said about painting more crosswalks. He added that he was confident the city could work with the state to increase crosswalks on state-owned roads as they did on Washington Avenue in the neighborhood of Edgewood.
Seidler said the ordinance could have provisions allowing exceptions for streets with traffic lower than 4,000 cars per day, or be applicable only at night or during inclement weather situations.
“There’s certainly more criteria that we need to flesh out completely, but, at the end of the day, it’s got to be fair across the board,” Seidler said. “It’s got to be enforced across the board just like code enforcement,” right?
After discussion, the Rules Committee unanimously voted to have the city administration present a draft ordinance to the city council on Tuesday, Oct. 1.