Spike It
The Richmond City Council has put off until Feb. 23 a proposed ordinance that would crack down on panhandling and other forms of solicitation. The interval should give proponents of the idea occasion to reflect on its fatally broad sweep.
The measure expands a prohibition against soliciting in roadway medians to all areas in the right-of-way, including curbs and sidewalks. It forbids anyone to "solicit, by spoken word, written sign or gesture, contributions of any nature from the drivers of motor vehicles or passengers therein." That would make it illegal to sit quietly on the sidewalk with a sign reading, "Hungry -- please help." Aggressively interpreted, the ordinance could be used to shut down sidewalk solicitors for charitable causes.
Supporters of the measure bill it as a public safety enhancement. But it smells more like an attempt to sanitize the streets by making them less hospitable to the homeless.
It also appears unlikely to stand up well against challenge in court. A legal memorandum from the ACLU of Virginia cites several cases upholding the right of both charitable solicitors and panhandlers to ask for money. The bottom line is that both activities constitute free speech protected by the First Amendment.
The measure might have been well-intentioned, but it was poorly written and ill-considered. The council's smart play would be to spike it sooner, rather than try -- almost certainly in vain -- to defend it later.
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Reader Reactions
What an odd position for the Editorial writers to take in view of their long record of hostility to the homeless, and the disadvantaged - a group which not-to-far-back included all African-Americans.
Me thinks they have forgotten their well stained roots.
Consider these words: “an attempt to sanitize the streets by making them less hospitable to the homeless.“
Is not this an exact description of the RTD’s official position in it’s decades long attempt to ‘sanitize’ the streets of downtown - especially around the RTD headquarters? Remember, RTD staff was afraid to go out to their cars?
This is reverse NIMBY, which they ironically whine about so often.
Lest we all forget the much publicized correspondence from the mid-nineties in which City Manager Robert Bobb described to Tim Kaine, that Bobb would be the front man to eradicate the homeless from downtown, in the not-well-veiled attempt to force the homeless down to 17th street.
My how we forget, or try to. This sounds more like the RTD is saying, “we got them out of our back yard, and now the rest of you are now stuck with them.“
May we not confuse the obvious and historic selfish interests of the RTD with something which sounds like “love they fellow man.“
The ordinance may well be over reaching and in need of revision, but the RTD’s forgetfulness and self righteousness is a bit sickening.
It’s hard to argue with the boys who buy ink by the barrel, however it is the very ink of their historical record which haunts them this time.
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