Wheeling Police Department announces enforcement of anti-panhandling law

In a statement published on Dec. 18, the department says it will enforce the controversial ordinance on “public roadways within city limits.”

WHEELING – In a social media post on Wednesday, Dec. 18, the city of Wheeling’s police department announced that it would begin enforcing a controversial “Pedestrian and Vehicle Safety Ordinance” on Jan. 1, 2025.

The ordinance was adopted by the city council on Nov. 7 by a vote of five to one, with Councilor Connie Cain, Ward 3, voting in the negative and Councilor Ty Thorngate, Ward 5, absent.

Entitled “Pedestrian and Vehicle Safety,” the ordinance is largely seen as a measure to combat the solicitation of donations by pedestrians, or panhandling. During debate, the only issues discussed as justification for the ordinance were anecdotal “near misses” involving cars slowing down at areas frequented by people who panhandle.

Local organizations estimate less than a dozen people participate in the practice.

“The exchange of any item is prohibited at intersections, in medians on shoulders, and in roadways,” the statement reads. “Pedestrians and non-motorists are also prohibited from standing or sitting in these areas unless they are lawfully crossing the street.”

The ordinance details several conditions when it would take effect, including roadways with a traffic volume of 4,000 or more vehicles per through lane, a speed limit of at least 25 miles per hour, poor or no lighting at night, and during inclement weather.

Section IX of the ordinance entitled “Duties of the City Council” states that the council may publish “a list of the Areas of Concern” under the ordinance. Despite this, no list has been published at the time of the department’s statement.

While the measure is targeted at panhandling, the ordinance, in its own words and the police department’s words, restricts any exchange of items between pedestrians and motorists. This would seemingly crack down on simple acts, such as passing a forgotten item from a vehicle to a person on the sidewalk unless the vehicle is properly parked.

On a first offense, pedestrians and motorists will receive a warning. A second offense will result in a written warning tendered to the parties. A third and subsequent offense will result in a fine of no more than $100, or community service.

The language of ordinance is 80% identical or near-identical to an ordinance adopted by Monongalia Co. in Oct. 2023.The city of Charleston is considering a similar ordinance, as well.

Mountain State Justice, a nonprofit law firm and grassroots advocacy organization, sued Monongalia Co. officials claiming the ordinance violates their clients’ First Amendment right to freedom of speech and their Fourteenth Amendment right to equal protection and due process under the law. The lawsuit seeks injunctive and declaratory relief against the ordinance.

In that case, filed Dec. 4, plaintiffs Chris Peterson, a person who solicits donations, and Becky Rodd, a person who regularly donates to people panhandling, argue their actions are constitutionally protected.

While the ordinance states both the pedestrian and motorist are liable for citation, Mountain State Justice claims only those panhandling have been cited, including Peterson.

If the lawsuit, filed in the Northern District of West Virginia, is successful, it could have a chilling effect across the region, setting the stage for legal battles against other similar ordinances. Conversely, if the lawsuit fails, cities may be emboldened to adopt similar legislation.

During a public hearing before the city of Wheeling adopted its version of the “Pedestrian and Vehicle Safety” ordinance, residents pleaded for more data to substantiate councilor’s claims of “near misses.” Councilor Cain echoed these concerns and stated she regularly donates.

“It seems to be a lot of ‘I heard this, I heard that,’’ Center Wheeling resident Logan Schmitt said during the Nov. 7 meeting. “Before you pass this, maybe you can share with us some of the real, hard data to show that this should be made a priority.”

The ordinance adopted by the council originally stated that it was effective immediately. City Manager Robert Herron at a later meeting informed the body that the city would not begin enforcement until the new year.