Articles, Blog

Ban On Aggressive Panhandling Challenged

September 8, 2019


AN ABOUT-FACE ON A GROWING DILEMMA. TOMORROW, SACRAMENTO CITY LEADERS MAY CONSIDER THROWING OUT ONE OF THE OLD LAWS, PAST LESS THAN TWO YEARS AGO. IN ORDINANCE IT SEVERELY LIMITS PANHANDLING. JOHN McGRAW WITH WHY SOME SAY IT IS UNCONSTITUTIONAL. Reporter: SACRAMENTO’S PANHANDLING PROBLEM GOES HAND- IN-HAND WITH HOMELESSNESS. I HAVE SEEN PEOPLE NOT GOING TO THE STORE BECAUSE THERE’S PEOPLE PANHANDLING AT THE FRONT OF THE STORE. Reporter: IN 2017, WITH GROWING COMPLAINTS ABOUT HOMELESS PEOPLE, CITY LEADERS PASSED A NEW LAW, RESTRICTING PANHANDLING. THE POLICE DEPARTMENT HEARS CONCERNS FROM CITIZENS AND BUSINESSES ABOUT SAFETY CONCERNS FROM CUSTOMERS FEELING HARASSED OR THREATENED BY CERTAIN TYPES OF SOLICITATION. Reporter: THE CONST THE CONTROVERSIAL ORDINANCE WAS MET WITH RESISTANCE. YOUR BASICALLY SAYING SURVIVAL IS A LEGAL. YOU ARE SAYING THAT THE FIRST AMENDMENT DOES NOT APPLY TO THE HOMELESS. Reporter: THEY COME ALONG WITH THE ACLU, FILED SUIT IN COURT AND THE JUDGE ISSUED A PRELIMINARY INJUNCTION, HOLDING THE CITY OF SACRAMENTO’S ANTI- PANHANDLING ORDINANCE. PEOPLE DO NOT THINK OF PANHANDLING AS SPEECH, BUT ANYWAY THIS. Reporter: UC DAVIS LAW PROFESSOR JOHN MEYER SAYS THE LAW INFRINGES UPON THE FIRST AMENDMENT. THE PROBLEM WITH THIS ORDINANCE IS THAT IT WENT TOO FAR, IN TERMS OF ESSENTIALLY TRYING TO PROHIBIT PANHANDLING, PERIOD. Reporter: THE CITY’S LAW PROHIBITS PANHANDLING IN AND AGGRESSIVE OR INTRUSIVE MANNER. THE BANKS, BUSINESS, GAS STATIONS, RESTAURANTS, AND BECAUSE OF THE RULING THE CITY RIGHT ATTORNEY IS RECOMMENDING THROWING OUT THE CURRENT LAW. THIS PANHANDLING ORDINANCE IS A MODERN DESCENDENT OF THE OLD AND UNCONSTITUTIONAL VAGRANCY ORDINANCES THAT ALLOWED TOO MUCH DISCRETION TO

3 Comments

  • Reply The Law May 14, 2019 at 8:05 am

    Come near my car and get pepper sprayed

  • Reply K O May 14, 2019 at 4:16 pm

    How many illegal immigrants do you see pan handing?

  • Reply Annette Melnychuk June 20, 2019 at 2:44 am

    Why is it unconstitutional to ban aggressive panhandlers? I would rather go into a business and buy my stuff with all of my teeth. I am law abiding and hardworking citizen who wants to see panhandling stopped. Most of us should know where the money we give them and most of the time it is not for what these freeloaders say it is for. Most of the time our money goes toward them buying drugs

  • Leave a Reply