ACLU Warned City That Ordinance Was Unconstitutional; Threatened Lawsuit
Richmond, VA -- The American Civil Liberties Union of Virginia has learned that Richmond City Council member Bruce W. Tyler is withdrawing a proposed ordinance that would prohibit panhandlers on sidewalks or curbs from soliciting vehicle occupants.
In testimony and written memos, the ACLU of Virginia warned members of the City Council’s Public Safety Committee that the proposed ordinance violated the free speech clause of the First Amendment. The civil liberties group also told city officials it was prepared to challenge the ordinance in court.
Tyler’s announcement that he intended to withdraw the proposal came shortly after the Public Safety Committee voted 2-1 last Monday not to endorse the measure. The withdrawal should become official at tonight’s City Council meeting.
“ Richmond has the right to pass laws that maintain traffic safety and that protect pedestrians,” said ACLU of Virginia Executive Director Kent Willis, “but without showing a compelling reason, it cannot trample on the First Amendment right to ask for money.”
Proponents never produced any evidence that sidewalk solicitors caused accidents or interfered with traffic,” added Willis. “This ordinance was clearly motivated by the discomfort some city leaders feel when they see homeless people asking for money. But public officials can’t censor panhandling -- and the message of despair and poverty it conveys -- any more than they can ban political messages they don’t like.”
The proposed ordinance is the third attempt in recent years to limit panhandling. In 2006, Richmond attempted to pass an ordinance that would have banned all panhandling in the Central Business District. In 2007, council considered but rejected an ordinance that would have required a $25 permit to panhandle vehicle occupants.
As proposed, the ordinance reads: “It shall be unlawful for any person to solicit, by spoken word, written sign or gesture, contributions of any nature from the drivers of motor vehicles or passengers therein. Any person violating this section shall be guilty of a Class 4 misdemeanor.”
A copy of the legal memo sent to the Public Safety Committee in January is available online here.
