"Hey buddy, can you spare a down payment on a cheeseburger?"

This is a line from one of Kansas City's most well-known professional panhandlers, who works the Plaza area.  An ordinance passed recently was designed to put a stop to panhandling in upscale shopping and dining areas such as the Plaza, Westport, and Zona Rosa in North Kansas City.

The Kansas City Police Department, however, has decided unilaterally that this ordinance will not pass constitutional scrutiny, and will not attempt to enforce the law.

EXCUSE ME??!?

It is my understanding that the elected officials create the law, the police department enforces the law, and the COURTS decide whether or not the law is unConstitutional or not.  A staff lawyer for the KCPD is NOT a judge with a case brought before the court, and the Chief of Police is NOT the Missouri State Supreme Court Chief Justice.  Therefore, the PD does not have the authority to decide whether or not to enforce any existing law.  They simply must do their job, and let the courts hash out the fine points.

Panhandlers claim a First Amendment right of free speech to continue their "trade".  Business owners consider beggars a blight and a hindrance, and want them removed.  The PD is not qualified by their understanding of Constitutional law, either Missouri or Federal, as to whether this ordinance will or will not pass a legal challenge, and to fail to enforce the law simply means that the ordinance will never come to court to have that challenge take place.  The business owners, therefore, are the losers, since the panhandlers can now set up shop anywhere they choose.

The Cold Hard Fact is simply that law enforcement cannot pick and choose what laws they like or want to enforce.  If a panhandling ordinance is considered unenforceable today, drug use and possession laws could be ignored tomorrow, based on this premise and connected with pretty much the same First Amendment argument.  From there, it's not much of a stretch to see that robbery, arson, and murder would be next on the list of "unenforceable" crimes.  This nation is based on the rule of law, and the Kansas City Police Department would do well to remember not only that fact, but also that their paychecks stem from it.