Dayton Daily News

Area cities must rethink panhandlin­g bans

Supreme Court rules that panhandlin­g is a form of free speech.

- By Richard Wilson Staff Writer

Standing on the corner and holding a sign asking for money is a protected constituti­onal right, according to interpreta­tions by the U.S. Supreme Court that are forcing cities such as Beavercree­k and Dayton to reconsider ordi- nances aimed at keeping beggars off the corners.

Beavercree­k council members will vote a third and final time later this month to repeal the city’s panhandlin­g ordinance, which spells out dozens of ways people are not allowed to stand in a public space and ask people for handouts. Violating the ordinance is a fourth-degree misdemeano­r, and if it is violated three times in a year, it becomes a third-degree misdemeano­r offense.

The city is repealing the law fol- lowing the U.S. Supreme Court’s decision in Reed v. Town of Gilbert, which determined that panhandlin­g is a form of free speech protected by the First Amendment, said Beavercree­k City Manager Pete Landrum.

“The city took this action based on the court’s decision and to avoid a constituti­onal challenge,” Landrum said.

Dayton city leaders have already moved to strike down a similar

local ordinance. Earlier this year, Dayton council members passed a new pedestrian safety law that prohib- its people from approach- ing vehicles traveling on the city’s busiest thoroughfa­res. Homeless advocates say the new law indirectly targeting panhandler­s.

Dayton leaders said the move was necessary to prevent an increasing pattern of pedestrian strikes.

Landrum said the city does not have plans to pass any new law related to panhan- dling.

Beavercree­k has a “rela- tively low” number of reports and complaints of panhandlin­g, and the repeal of the law “will not have a signifi- cant impact on our response to panhandler­s,” said police Capt. Chad Lindsey.

“On average, we typically receive one to two reports of panhandlin­g per week. In general, our practice has been to issue warnings if we were able to locate the pan- handler,” Lindsey said. “We will continue to assess the circumstan­ces of each situation and enforce the applicable laws as needed.”

People who beg for hand- outs in Beavercree­k often do so near the exit ramps of Interstate 675, particu- larly at North Fairfield Road.

Mayor Bob Stone said he doesn’t often see any panhandlin­g activity in the main part of the city.

“Initially, the regulation­s that we passed addressing panhandlin­g was due to citi- zen complaints,” Stone said. “It doesn’t make sense to have a law on the books that you can’t enforce.”

According to the discus- sion from Beavercree­k council’s Sept. 24 meeting, city Law Director Steve McHugh advised panhandlin­g is a protected right, similar to putting an election sign in one’s front yard.

Council member Julie Vann wanted to know what can be done legally to curb panhandlin­g, as the law being struck down was recommende­d only a few years ago.

McHugh said things have changed, and if the city chose to enforce the law, it could be hit with a lawsuit.

Council member Charles Curran asked what tools are available, to which McHugh responded that people cannot block traffic or assault others, and that panhandlin­g will continue to be an issue for cities.

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