Legistar 79532 Panhandling Prohibited - Sep 19 Council Meeting

Hola!

Thank you to everyone that has reached out regarding this upcoming agenda item.  Section 24.12 is inactive and not enforceable, hence there is no changes to the current processes or legal authority.

Section 12.32 prohibits standing on certain roads across the city.  12.32 centers on street, pedestrian and driver's safety, by prohibiting loitering.

Information from prior blog (https://www.cityofmadison.com/council/district10/blog/municode-navigation-upcoming-ordinance-changes)

1. Legistar 79532 : Repealing Section 24.12 of the Madison General Ordinances and amending Section 1.08(3) of the Madison General Ordinances to remove associated references

   • This ordinance repeals 24.12 entitled “Panhandling Prohibited” of the Madison General Ordinances.

   • In Reed v. Town of Gilbert, the United States Supreme Court recognized that the First Amendment protects most panhandling activity; therefore, this Section is generally unenforceable. "As the Willis Court explains, the U.S. Supreme Court has held that the First Amendment covers "charitable appeals for funds." Because of this, panhandling, solicitation, or begging are protected speech under the First Amendment ,ACLU 

   • Since 2015, this law has been active in the Madison code, but it is not enforceable, and creates confusion.

   • These ordinances WOULD NOT CHANGE, and cover people standing in unsaved Street areas: 12.32 - WHEN STANDING OR LOITERING IN ROADWAY OR HIGHWAY PROHIBITED  & 12.325 - ENTERING OR STAYING UPON HIGHWAYS RESTRICTED : prohibits or restricts standing on roads, highways and intersections.
     
     Also from the news, here is a clip.