City blasts panhandler

Photo: Colton Davies

The City of Penticton has taken the extraordinary step of publishing its final settlement offer to a well-known panhandler it is trying to remove from his regular spot on the 200 block of Main Street.

The city has been prosecuting Paul Braun for eight unpaid bylaw tickets for panhandling within 10 metres of a breezeway, a spot he's been at for four years.

In the settlement offer posted to the city’s website, Penticton is demanding guilty pleas on all counts in exchange for court-ordered compliance of the bylaw and $88.

If the matter goes to trial as scheduled for three days in September, the prosecution will be seeking a $500 fine on each count and jail time if the fines cannot be paid, as well as restitution to the city with community service.

“If the city cannot establish control of its downtown sidewalks around a simple 10 metre breezeway, we will not be successful in addressing other more serious issues,” city lawyer Troy De Souza said in a statement.

The city says it is taking steps to cleanup the downtown core in reaction to feedback from residents and released the settlement offer to show it has taken "all reasonable efforts" to conclude the case short of a trial.

Braun’s pro-bono defence lawyer Paul Varga was gobsmacked the city released the settlement offer to the public.

“In my years of doing law, I have never, ever, in my life seen the Crown or another body put out a press release about a settlement offer,” Varga said. “This is just another prime example of the city playing heavy-handed with its most vulnerable citizens.”

Varga also took issue with the “highlights” of the prosecution included in the letter, which include complaints from unnamed witnesses about Braun’s conduct while panhandling at the breezeway.

One complainant alleges Braun harassed her as she walked by, while another said he “scared off” another panhandler from the spot.

“I’ll believe that when I see that statement in court,” Varga said.

“They are not sworn statements, yet they are putting them out there to essentially defame Mr. Braun… this is ridiculously uncharted territory.”

Varga disputed the city's point that Braun is no longer homeless, arguing he was when the tickets were written.

The settlement offer would bind Braun, under court-order, to follow the bylaw and not panhandle near the breezeway.

“What are the possible ramifications if at some point they say he’s not complying?” Varga asked, explaining the city is refusing to take jail off the table.

“Just because he doesn’t agree with this, doesn’t mean he’s driving this bus or pushing for a trial that shouldn't happen. What he’s saying, is that he wants to ensure that his rights are respected, just like any other citizen.”