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# Panhandling while sitting is benched
- URL: https://www.smdp.com/panhandling-while-sitting-is-benched/
- Published: 2008-09-18T15:00:00.000Z
- Updated: 2026-10-24T21:02:51.000Z
- Author: Melody Hanatani
- Tags: Government & Politics, Promenade, #archive-import, Homeless

(Editor’s note: This story is part of an ongoing series that tracks the second and final reading of ordinances approved by the City Council. Second readings are held without public comment, although the issues have been discussed, often at length, during prior City Council meetings.) CITY HALL Panhandling from public benches on the Third Street Promenade will soon be a thing of the past.

In an attempt to free up resting areas that are often monopolized by individuals seeking donations, the City Council on Tuesday passed an ordinance that bans solicitation from all public benches and seats along the promenade and Transit Mall, which runs along Santa Monica Boulevard and Broadway between Second and Fourth streets.

The new law was one of three that were approved upon second reading, which is the council’s final review of an ordinance before taking action. The items were all previously introduced in July for a first reading, which is when the public has a chance to weigh in. All ordinances take effect 30 days after adoption.

The problem was first identified by the Bayside District Corp, a private-public management company that oversees Downtown, and the Santa Monica Police Department, which noticed that panhandlers would occupy the same benches for long periods of time.

The promenade is one of the biggest draws in the city, attracting as many as 10,000 people on each of the three blocks during summer weekends.

Meanwhile the benches along the shopping district provide seating for only 100 people.

While panhandling, much like other forms of solicitation, is protected under the First Amendment, City Attorney Marsha Moutrie said in July that City Hall does have the ability to regulate time, place and manner.

City officials decided to include the Transit Mall in the ban because they felt that leaving it out would only push the problem outward from the promenade.

The ban would not just single out homeless individuals, but anyone seeking solicitation from benches, including organizations.

*Originally published in the Santa Monica Daily Press print edition on September 18, 2008.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/091808.pdf?ref=smdp.com)