Preserve, protect, defend

City drops ordinance quickly once it’s challenged

“I, ________, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Arkansas, and that I will faithfully discharge the duties of the office of ________, upon which I am now about to enter.” — Oath of office for public officials, as described in the Arkansas Constitution.

It’s not exactly a lesson most of us want to teach our children, but it’s not such a far-fetched notion that it hasn’t at least entered our minds at one time or another. It goes something like this: It’s not illegal unless you get caught.

Of course, it is. Whether an action is legal or illegal doesn’t change based on whether it’s seen by law enforcement or whether its practitioner is particularly skilled at evading witnesses.

By the way the Fort Smith Board of Directors, in the face of litigation, so quickly jettisoned its ordinance that targeted panhandlers, it’s difficult to assume these city leaders had much faith in their ability to defend it.

Directors were following the advice of their attorneys with regard to Ordinance 34-17. That ordinance, which they passed just last July, was the board’s attempt to deal with panhandlers in the city.

As most motorists in Northwest Arkansas can attest, panhandling has become a booming business, at least in terms of the number of people standing on street corners with signs saying “Anything helps” or “Traveling, out of cash. God bless!” For years, communities put a stop to such activities as nuisances. Then, in a major free speech cases back in 2015, the U.S. Supreme Court sided with panhandlers in their argument that their street corner requests for donations was a form of speech protected by the First Amendment to the U.S. Constitution.

And the practice spread, to the consternation of some civic leaders. Some of them have still tried to fashion new laws to place limitations on beggars. Fort Smith officials were among them, as were leaders in Rogers, Hot Springs and other places.

Panhandlers got the help of the American Civil Liberties Union, which asserts the ordinances seek to suppress the free speech rights of their clients.

Perhaps Fort Smith’s move is simply a strategic one: Let the lawsuits elsewhere, including Rogers, play out. That’s will prove a cost savings to the city’s taxpayers.

But it also makes it appear Fort Smith officials adopted an ordinance they knew to be in conflict with the Constitutional protections afforded all Americans and hoped to get away with it, their oaths of office not withstanding.

Panhandling is undoubtedly irritating for many residents, but the First Amendment at its best works to protect speech the majority would rather quell. But governing in these United States demands staying within the confines of our state and federal constitutions. We’d hope city leaders would avoid adoption of ordinances they believe are likely to fail when measured against our constitutions.