— City councilors will vote Monday on a ordinance that would ban aggressive tactics used by some panhandlers while soliciting money, food or work.

Ward III Councilor Randy Howard, who requested the ordinance be drafted, said he would ban panhandling altogether if it were up to him. Panhandling, however, is a constitutionally protected form of speech.

City Attorney Roy Tucker said the ordinance being considered by Muskogee’s elected officials recognizes free-speech rights. The proposed ordinance, Tucker said, would prohibit certain tactics used by panhandlers and restrict places where begging can and cannot occur.

“We are presenting an aggressive behavior ordinance,” Tucker said. “All other ordinances have been struck down on First Amendment grounds.”

The ordinance, approved 6-3 Tuesday by Public Works Committee members, cites the city’s desire to attract and retain businesses and boost tourism as reasons why the measure is needed. The language in the ordinance reflects a desire to protect “rights and freedoms” while “providing a safe and livable community” in addressing “problems associated with aggressive panhandling.”

Howard said panhandling in Muskogee appears to be on the rise. He believes most panhandlers prey on residents who might dig into their pockets for money out of fear or intimidation.

“If somebody is really in need of help, there are places in town where they can go and get that help,” Howard said. “When you have people coming up to your car window, you don’t know if they really need help or if they are scamming somebody.”

Two of the three committee members who voted against the measure disagreed. Ward I Councilor Lee Ann Langston said the proposal makes a big deal out of nothing. Langston said it punishes people because they are different.

“What we don’t know about or understand, we label as other, and anything they do is wrong,” Langston said. “I feel like we need to be more empathetic — there are people who really have to beg to get by and some who are homeless.”

Ward III Councilor Derrick Reed presented a similar case for his dissenting vote. Reed said there are “truly needy people” in Muskogee and “automatically giving them a hundred-dollar fine is just kicking them while they’re down.” The ordinance councilors will consider Monday provides for increased penalties for repeat offenders.

Ward II Councilor Dan Hall said he voted no because of concerns the ordinance would prohibit firefighters from collecting donations for muscular dystrophy. After discussing his concerns with Tucker, Hall said he likely would support the ordinance when he votes again Monday.

The ordinance city councilors will consider would prohibit panhandlers from approaching, speaking to or following a person if the conduct likely would instill a sense of fear or intimidation. It also would ban misrepresentations and begging on private property without permission, within 20 feet of a public rest room, automatic teller machine or bus stop, and on public transportation vehicles.

While the measure doesn’t go as far as Howard would like, he said making “it a little more difficult for those who are just trying to scam people” would help.

“We don’t need panhandlers in Muskogee,” Howard said. “I feel like it is a hazard ... to our citizens.”