The panhandling issue in Springfield could soon be settled through federal mediation.  Ordinances in the city will be negotiated between the two sides who will attempt to avoid a lengthy and expensive court battle on the constitutionality of the regulations regarding panhandling.

Attorneys for Springfield and for three area panhandlers will meet for an initial mediation early in November.  US Magistrate Judge Thomas Schanzle-Haskins will oversee the meeting.  The judge will review the positions submitted by each side and assess potential outcomes.  The discussions held during the sessions will be private, as both sides work with the judge to reach middle ground.

There are already separate trial scheduled for the spring to determine the constitutionality of a 2007 panhandling ordinance in Springfield.  The goal was to define panhandling as a verbal request for money and ensure anyone engaging in such behavior must remain at least five feet from those being solicited.  This “privacy zone” was brought into question when a federal appeals court ruled the ordinance to be a violation of freedom of speech.

As a result of the appeals ruling, the city agreed not to enforce the five foot rule until the issue was settled in a courtroom.  The upcoming mediation is an attempt to resolve the matter before it goes to trial.  The city continues to argue the ordinance relates to behavior, not speech, and is therefore not protected by the First Amendment. Those challenging the ruling contend it’s impossible to avoid the five-foot limit, but the city continues to state the distances is reasonable.