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PostJun 14, 2007#776

steve wrote:Actually, TGE, I spoke too soon. One way to commit Assault 3rd, a misdemeanor, is to:



purposely place[] another person in apprehension of immediate physical injury.



See RSMo 565.070.



But does asking somebody for some change "purposely" put another in apprehension of "immediate physical injury"?



But I suppose it's possible.


Thats what I'm talking about steve. When the homeless simply ask for change it is no problem, BUT, when they get verbally abusive and/or follow you for a few steps after being denied (agressive panhandling), they are committing 3rd degree assault. Why isn't this illegal in MO? probably because it is an offence which is only punishable by a fine, which in the case of the homeless is a joke. I am not a lawyer and would like to have this clarified. I don't want all the homeless locked up, but they should be held accountable for their actions.

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PostJun 14, 2007#777

TGE-ATW wrote:Thats what I'm talking about steve. When the homeless simply ask for change it is no problem, BUT, when they get verbally abusive and/or follow you for a few steps after being denied (agressive panhandling), they are committing 3rd degree assault. Why isn't this illegal in MO? probably because it is an offence which is only punishable by a fine, which in the case of the homeless is a joke. I am not a lawyer and would like to have this clarified. I don't want all the homeless locked up, but they should be held accountable for their actions.


Well, no the actions you described would be "aggressive panhandling," which is an infraction of a city ordinance, not a violation of state statute.



I'm not completely convinced that the scenario you described amounts to Asslt 3rd. I misspoke again when I said Asslt 3rd is a Class A misdemeanor. It can be, but in our case it's class C, but take heart, good citizen! Conviction carries a whopping sentence of up to but no more than thirty days in MSI (the Hall Street Hilton) (See RSMo. 557.021.3(1)(c); the Circuit Attorney, however, says that a Class C misdemeanor is punishable by no more than 15 days in MSI, and/or a fine up to $300 http://stlcin.missouri.org/circuitattor ... l.cfm?ID=8). But in any event, the "assault" we're talking about is "illegal" in MO. My guess is that people don't call 911 and report it as an assault. I didn't know that the criminal code penalized this behavior myself. So, there you go. Maybe we could start a campaign.

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PostJun 14, 2007#778

JCity wrote:

What ever happend to the cop who told the bums to "move it along"? The ol' tap on the shoulder with the police baton...



Thank you ACLU! Again, where do the members of this organization live? We should hand out their addresses, so the homeless can go LIVE with them in their homes, or at least their backyards! great idea, IMOP.


The ACLU didn't cause homelessness and can't cure it. All they can do is point out that every American has the same constitutional rights. Everyone has a right to sit on a public park bench. Constitutional rights are not only for people with homes and good grooming habits. It isn't illegal to be dirty & smelly & sit on a park bench. Therefore, the police cannot tap him on the shoulder "to move along". If they are breaking the law, then fine, the cop has a job to do.



If it is decided that only certain people have constitutional rights, I want to be the person deciding who gets what.



Don't get me wrong, I don't like bums either. I never give them money and ignore them completely. I never speak to them. And I can't stand Rev. Rice.



Frankly, I have never been to a big city that doesn't have street people. When mixed in with lots of regular people they aren't noticed as much and seem less threatening. Diluting them through density might be the best answer.

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PostJun 14, 2007#779

Expat wrote:Frankly, I have never been to a big city that doesn't have street people. When mixed in with lots of regular people they aren't noticed as much and seem less threatening. Diluting them through density might be the best answer.


Totally agree with you. Saint Louis' homeless problem seems "bad" because many times when you're hounded for money, there aren't a whole lot of people around. When there are many others, you feel much more safe, and more confident in ignoring the panhandlers. That said, it isn't much of a "solution," but rather a coping mechanism.

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PostJun 14, 2007#780

Does Lucas Park not have a curfew? If so, not even a well-groomed person should be on a bench or loitering past curfew. Still seems like there's a lack of enforcement to me.

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PostJun 14, 2007#781

I have a suggestion for when you are confronted by an aggressive panhandler...

print out several of these two documents and hand it out when approached:



http://www.moga.mo.gov/statutes/C500-599/5650000070.HTM

Assault in the third degree



and



http://www.moga.mo.gov/statutes/C500-599/5650000225.HTM

Crime of stalking--definitions--penalties



if they can read :roll: they might get the message that it is against the law, ( and that you are specifically making an effort to curb this behavior )and think twice about confronting you again.

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PostJun 14, 2007#782

The ACLU didn't cause homelessness and can't cure it. All they can do is point out that every American has the same constitutional rights. Everyone has a right to sit on a public park bench. Constitutional rights are not only for people with homes and good grooming habits. It isn't illegal to be dirty & smelly & sit on a park bench. Therefore, the police cannot tap him on the shoulder "to move along". If they are breaking the law, then fine, the cop has a job to do.



If it is decided that only certain people have constitutional rights, I want to be the person deciding who gets what.


Where in the Constitution does it say anything about the right to sit on a public park bench?



I think that the best way to resolve this issue is to privatize the streets and the parks. The local business and neighborhood associations could decide what is tolerable and what is not. Some businesses don't allow someone who is obviously homeless to even enter the store (high end clothing stores), while others are more lenient (bars). The point is that they have complete control of the situation and don't have to worry about some starry-eyed lawyer trying to dictate what behavior is allowed in their establishment.



Notice how malls don't have the homeless problem? It's mainly because they already have the advantage that I described above.



St. Louis could actually lead the nation once again with innovative ideas. Wouldn't it be great if visitors left noting "wow, I wasn't harassed by a panhandler the entire time I was there."

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PostJun 14, 2007#783

Privatize streets and parks?



That would negate the right to public assembly. I don't think that is a solution.



Conservatives say its a problem of responsibility, while the more socialists would indicate it's an inherent flaw in capitalism and the division between the haves and have nots. Either way, I don't think even social conservatives would promote the privatization of streets. They also would lose their constitutional right to assembly.

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PostJun 14, 2007#784

We give homelessness a bad name. I contend that nearly ALL of them are not actually homeless. They are drug addicted, alcoholic and mentally ill who choose their lifestyle.



God forbid that St. Louis rewrites homelessness as a legit lifestyle choice. Essentially, this is what our actions/policies are doing. The word may be spreading to other cities and attract more.



Rational techniques don't work with them. I wouldn't try to engage any of them in any way. I think back to that poor women stabbed to death in the church office downtown. The guy was insane and loose. BTW, we have Reagan to thank along with the ACLU, I guess.



They are ingenious experts at manipulating the system and the naive church groups.

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PostJun 14, 2007#785

Even public parks are allowed to close at night.

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PostJun 14, 2007#786

stlmike wrote:Even public parks are allowed to close at night.


The problem is mostly during the day as Larry Rice has a curfew I believe.

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PostJun 14, 2007#787

I think that looking for a legal basis for getting rid of them is pointless and will start running us around in circles again. The real way to get them out of Lucas Park and reduce their presence in DT is to move Rice, and any other services they are using away from DT and Lucas Park. Is Rice actually leaving for KC as was stated earlier? How can we effect the relocation of the services? Does Rice lease, rent, or own?

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PostJun 14, 2007#788

TGE-ATW wrote:I think that looking for a legal basis for getting rid of them is pointless and will start running us around in circles again. The real way to get them out of Lucas Park and reduce their presence in DT is to move Rice, and any other services they are using away from DT and Lucas Park. Is Rice actually leaving for KC as was stated earlier? How can we effect the relocation of the services? Does Rice lease, rent, or own?


You've got to think that there is no way in hell that the developers of Skyhouse would touch that corner if Rice wasn't moving. May take a while, as it will be a few years until that highrise goes up, but his time has to be about up on Locust.

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PostJun 14, 2007#789

He owns his own building and lot to save you money.

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PostJun 14, 2007#790

I haven't seen any of his weird commercials/tv shows, or his weird son's commercials/tv shows in many many years. Do they still do that stuff? It used to be on channel 9 when I was a kid (I think it was channel 9). Anybody else remember that?

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PostJun 14, 2007#791

^Are you talking about Rice? I believe he owned Ch 24. Not much of a market when you have crappy reception and Ozzie and Harriet reruns.

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PostJun 15, 2007#792

They actually had a Dennis Hopper movie on recently. Go figure.

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PostJun 15, 2007#793

Oh yeah, Channel 24. Thats a blast from the past. I think the last time I saw him on there I was watching a television with a knob for changing all 7 or 8 channels, and rabbit ears up top.

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PostJun 15, 2007#794

I get Larry Rice's channel as part of my DirecTV package. Let me tell you it's some quality programming. Most of the time it shows crummy old westerns that look like they were taped from a movie screen.

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PostJun 15, 2007#795

This is an interesting commentary, written by a new loftie in Springfield, MO. (I've snipped it heavily, so you should click through and read the whole thing.)





http://www.news-leader.com/apps/pbcs.dl ... 6/OPINIONS



Downtown lifestyle has some surprises



What lured me into the city and what seems to be pulling on people in every city in the country is the attraction to the renewal of urban culture. Buildings that had fallen into decay are being restored with restaurants, coffee shops, retail stores and theaters, bringing back the pre-automobile era when people lived near one another and their offices and recreational areas were within walking distance. Loft life is more complicated: The laundry is down the hall and it is shared by all of my building's residents. Every morning I have to try to remember where I was able to park my car. Grocery shopping must be more frequent when what you buy may have to be carried for a couple of blocks and then up a flight of stairs. Even retrieving the morning paper can be a somewhat of a challenge. But still, when a friend tells me that he can't meet for coffee because he has to mow his yard, I have to try not to gloat.



Suburbs segregate the population by income level. The houses on my former street were all priced close enough to one another that only professionals lived there. Over the hill, where prices were much higher, live the moderately wealthy. Other neighborhoods are priced such that only the poor live there. In my new neighborhood I am surrounded by a cross-section of society. Well-known community leaders are just down the hall and yet, on the front steps, two homeless guys were waiting to see if I have any spare change for them on my first day here. College students are all around me, as are the eclectic employees from area restaurants and bars. All income groups live and work in every city block and that seems much more like "community" to me than suburbia ever could.



Urban renewal helps to stop the environmental impact of urban sprawl. It increases the property values for those who have an interest in city buildings. It creates a new economic center for the community. But the downside is an effect called "gentrification." It is great for the newly revitalized inner-city neighborhoods, but where do the people who once called this old hotel "home" live now?

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PostJun 15, 2007#796

It is great for the newly revitalized inner-city neighborhoods, but where do the people who once called this old hotel "home" live now?


Lucas Park?

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PostJun 16, 2007#797

southslider wrote:Does Lucas Park not have a curfew? If so, not even a well-groomed person should be on a bench or loitering past curfew. Still seems like there's a lack of enforcement to me.


Exactly. The park curfew is 10:00 p.m. By allowing the homeless to establish quasi-permanent living quarters in the park, the police foster a very dangerous situation for everyone in the area at all times of the day (particularly the children who use the park's playground (!) equipment). Even setting aside the obvious appearances issue (i.e., downtown, and particularly the area near the convention center, is our city's front yard; aggressive homeless people are currently our city's greeters), by refusing to meaningfully enforce the park curfew among other ordinances, the police effectively create an environment in which it is not a question of if, but when, something terrible is going to happen in that park.



The bottom line is that until our city's leaders get a backbone, get aggressive, and fight the problem on all fronts things are going to get worse. It's not easy and it's not pretty but it has to be done. If New York City's subways can be cleaned up, so can Lucas Park and the surrounding area.

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PostJun 16, 2007#798

Went downtown yesterday. Developments are coming along quite nicely and it almost looks like a real city. ;-)



But....While walking down Washington, a man asked me if I wanted to buy "real 14k gold chains" for cheap and I saw a man, either drunk or mentally ill, laying passed out on the steps outside the OPO.



I really must be some sort of sh*t magnet.

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PostJun 16, 2007#799

But the downside is an effect called "gentrification."


why is it a downside? I would argue that the entire North Side could use a good dose of gentrification along with the State Streets. I don't advocate the entire city turning into a place so expensive that people can't live there, like New York or San Francisco, but some areas of the city have a long way to go.



BRING ON THE GENTRIFICATION. It's a good thing.

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PostJun 16, 2007#800

TIABstl wrote:But....While walking down Washington, a man asked me if I wanted to buy "real 14k gold chains" for cheap and I saw a man, either drunk or mentally ill, laying passed out on the steps outside the OPO.



I really must be some sort of sh*t magnet.


No, that's pretty much your average 5 minute walk downtown...

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