Panhandling Bans Draw Free Speech Criticism

Prohibitions on panhandling in traffic medians being considered by some cities and states are prompting questions about free speech, according to an article by Tim Henderson in Stateline.

New Mexico’s Democratic governor this year and an Arizona Republican lawmaker last year proposed statewide bans on asking for money on street medians, though neither passed. Wilmington, North Carolina, passed a similar ordinance this year, and Roanoke, Virginia, has stepped up enforcement of a law that has been on the books since last year. Advocates for homeless people have sued over a similar law in Jacksonville, Florida.

Other cities are taking a carrot approach. For example, Oklahoma City, Philadelphia, and Fairfax County, Virginia offer panhandlers city cleanup work. A ban passed in Oklahoma City was struck down by a judge in 2020.

“Backers of the bans argue that they promote safety, but opponents say that there’s no proof such restrictions protect pedestrians and that they infringe on free speech rights. Court rulings have been mixed,” Henderson adds.