City Council expected to vote Monday on panhandling ban
Richmond, VA -- The American Civil Liberties Union of Virginia has 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.
In a letter and legal memo emailed today to members of Council, the ACLU says that the proposed total ban on panhandling in the entire Central Business District violates the free speech clause of the First Amendment. The ACLU is prepared to offer legal representation to panhandlers affected by ordinance.
Although not a legal issue, the ACLU also expressed concerns that the ordinance lacks a proper mechanism for warning violators who may not be aware of it. In addition, given how little panhandling takes place in Richmond, the ACLU questions whether an ordinance limiting panhandling is necessary.
“The City of Richmond has a right to regulate panhandlers to make sure they are not intimidating and harassing pedestrians” said ACLU of Virginia executive director Kent 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 ordinance also bans panhandling near outdoor restaurants and ATM machines. While the ACLU believes that a ban on panhandling in such areas is unnecessary, it does not question the legality of such limited restrictions.
Richmond City Council is scheduled to vote on the measure at its meeting Monday evening.
The letter and legal memo sent to City Council are available here
Contact: Kent Willis, 804/644-8022
