Does Nashville Need To Fix Its Anti-Panhandling Rules Downtown?

Downtown Nashville’s rules on panhandling are being questioned by the councilman who represents the area. A proposal at the Metro Council would seek stricter rules that could also apply to solicitation — such as handing out flyers — to try to help people move around without being bombarded.

“I ultimately want people walking on the streets in downtown to both be and feel safe. Similarly, I don’t want to kick anyone out of a public domain,” said Councilman Freddie O’Connell.

The councilman says he’s seeing an uptick in reports of in-your-face panhandling, tourists being berated or intimidated, and material being shoved into people’s hands.

“There’s been a slow burn, but the strength of the fire has continued to grow,” he said.

As initially drafted, the council proposal prohibits panhandling in certain locations, such as bus stops, sidewalk cafes, daycares, building entryways and near ATMs — as well as in two downtown districts along Second Avenue North, Commerce Street, Symphony Place and the John Seigenthaler Pedestrian Bridge.

O’Connell said he worries about the pedestrian experience. But he also represents the business district and defends the homeless community, so he acknowledges he’s wading into an issue where it could be tough to strike the right balance.

“Codifying this in law happens to be particularly difficult — to protect both First Amendment freedoms, access to public domains, and then ensure safety, is really complicated,” he said.

The councilman said Metro’s existing ban on aggressive panhandling may not be getting enough enforcement, or that there’s confusion about when solicitations become a nuisance.

But Ingrid McIntyre, co-founder of the homeless advocacy nonprofit Open Table, said the situation is simple: the new proposal would likely violate free speech protections.

“My main concerns are just making sure that public domain remains a safe space for people to have a freedom of speech,” she said, noting that Metro passed a 2007 law prohibiting aggressive panhandling.

McIntyre agreed with the councilman that there’s growing friction downtown, often between dramatically different socio-economic groups.

“This conversation has been needed long before this bill came along,” she said. “We’re getting bullied and pushed out; shoved off the sidewalk. So, where’s the equity in all of this?”

She said a better approach would be neighbors getting to know each other.

“It takes time and it takes intentionality and it doesn’t take laws,” she said.