Group Says Ban on All Panhandling in CBD Violates First Amendment
Richmond, VA -- The American Civil Liberties Union of Virginia has again asked members of Richmond City Council to vote down a proposed ordinance that would, among other provisions, ban all panhandling in Richmond’s Central Business District. The ordinance was originally scheduled to appear on the agenda of the November 13 City Council meeting, but was removed from the agenda after the ACLU complained that the ordinance was unconstitutional.
It was anticipated that an amended version of the ordinance -- with the section banning Central Business District panhandling removed -- would be introduced at tonight’s Council meeting. Instead, the proposed ordinance that is still on tonight’s official agenda appears to be the same as the one that was first introduced at the November 13 meeting. That ordinance bans panhandling after dark, within 20 feet of an outdoor restaurant, bank, ATM, or ABC store, as well as in the entire Central Business District.
In a letter emailed to City Council today, ACLU of Virginia Executive Director Kent Willis says the ACLU is prepared to offer legal representation to panhandlers affected by the ordinance:
As of this writing, we have been unable to ascertain that the proposed panhandling ordinance that appears on tonight’s agenda has been amended to remove the ban on all panhandling in the Central Business District. If this proposed ordinance, without the deletion, remains on the agenda and is passed by City Council, please be aware that the ACLU of Virginia fully expects to challenge its constitutionality in federal court.
“The City of Richmond has a right to regulate panhandlers to make sure they are not intimidating and harassing pedestrians” said Willis, “but it can’t just outright ban panhandling from the entire Central Business District. We know of no court that has upheld a ban on panhandling in such a large area.”
“Courts have found that panhandling conveys a social message,” added Willis. “And, while it may not be a message most people want to hear, it is one of the ways that the story of poverty in the richest nation in the world is told. For this reason, it is protected by the free speech clause of the First Amendment.”
The letter sent to City Council and the legal memo are available here.
Contact: Kent Willis (w) 804/644-8022
