The Dallas Voice Legal Guru: A blog around the recently passed ordinance in Dallas Texas that bans panhandling on street corners.
The First Amendment of the United States Constitution provides that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” The City Council in its infinite wisdom has decided to outlaw busking. I can understand why they might not want panhandlers in certain areas (and I am not sure if this is legal) but buskers?
Dallas is a city that prides itself on its art and music scene. In fact, we are known as a great place for artists and musicians to live and work. There are many folks out there who are trying to make a living as an artist who do not have a fancy studio or gallery backing them up. They work hard at what they do and they enjoy sharing their talents with others by performing their music, doing their artwork, etc. It often takes years for these artists to get their name out there so they can start selling their art and making money from it. Busking allows them to get
The Dallas Voice Legal Guru: A blog around the recently passed ordinance in Dallas Texas that bans panhandling on street corners.
There are other cities in this country that have enacted similar ordinances and found themselves on the losing side of a lawsuit brought by the ACLU. I suspect the same will be true here.
I have no problem with any ordinance that prohibits aggressive panhandling, but a flat ban on all panhandling is problematic. I understand the concerns of some of you who live downtown and feel like you are being hassled unmercifully by people asking for money as you walk to your car after work. But before we run off half cocked, let’s make sure we do this right.
First, let me say that I’m not one to support giving money to people who ask for it on the street corner because i don’t know where it’s going or what it’s being used for. But that said, there is something very American about standing on a public sidewalk asking people for money and, if done respectfully, i don’t think it rises to the level of harassment (although i’ve never actually been asked). There is a difference between harassing someone and asking them politely to part with their money. Harassment involves threats or taunts
Dallas City Council Passes Ordinance Banning Panhandling On Street Corners
Posted on Oct 22nd, 2009 by Mark Bennett
Well, it’s official: Dallas city council has passed an ordinance banning panhandling on street corners. The vote was 10-4, the same as the preliminary vote last week.
The ordinance is essentially a rewrite of the existing panhandling ordinance, which was declared unconstitutional earlier this year. (If you have no idea what I’m talking about, read my previous post and the follow-up.)
The new law makes it illegal to beg for money within 50 feet of a crosswalk or traffic light in most parts of Dallas. It is also illegal to beg at night from 10 p.m. to 6 a.m., and to do so while blocking foot or vehicular traffic or while “aggressively” approaching people in their cars. But panhandlers can still ask for money on private property, and they can still stand on street corners with placards and other passive forms of begging.
Mayor Tom Leppert said he thought the new law would survive legal challenges because it doesn’t ban all kinds of begging and because it allows panhandlers to stand passively on street corners holding signs.
The Dallas City Council passed an ordinance recently that prohibits panhandling on street corners. The ordinance is found at Chapter 34, Article III, Sec. 34-31 of the Dallas City Code. The City Attorney’s Office also has an informative webpage about the new ordinance.
The basic gist of the new ordinance is that you can’t approach someone in traffic and ask for money or other donations. You can only solicit from the sidewalk or a median strip. If you do approach someone in traffic, you are guilty of a Class C misdemeanor (the same punishment as a speeding ticket) and the fine is $500.
It is important to note two things about this ordinance:
1) It does not apply to buskers on public sidewalks downtown
2) It does not apply to people who are homeless and/or hungry, who are asking for food, but not money
The panhandling ordinance is now law. While the City Council will debate its merits in the coming weeks, the debate about its constitutionality has already begun. While I’m not a lawyer and certainly not a First Amendment scholar, I am a journalist and as such have been following this issue closely. What I’ve learned is that the ordinance’s fate will probably hinge on how it is interpreted by the courts.
To that end, it is worth noting what the Dallas City Attorney’s office told the council before it passed the panhandling ordinance: “This ordinance will pass constitutional muster even though similar measures have been struck down in other cities,” said Assistant City Attorney Chris Bowers at a recent council meeting. “The key is to focus on what they are doing and not where they are doing it.”
Essentially, Bowers said, other cities have been too focused on banning panhandling in certain areas or at certain times, which violates free speech rights.
That’s why, he said, language in the proposed Dallas ordinance focuses specifically on aggressive behavior.
But does that mean a panhandler who simply stands on a street corner with his hand out would be immune from prosecution? I
Like any good musician, I often busk in the Dallas area. This is my take on the new ordinance that went into effect on October 1st 2008 that limits panhandling to only a select few places in Downtown Dallas. The article was written based upon my experience with the Dallas Police Department when it comes to panhandling, and the rights of individuals who are begging for money.
Basically, under this ordinance, the City of Dallas has created a First Amendment Free Zone in the middle of Downtown.
The First Amendment Free Zone is located in an area that covers about 5 blocks on either side of Main Street from Young Street to Akard Street. This is an area where you can’t do or say anything that offends anyone else or you can be arrested and/or given a citation (ticket).
In this zone you as a panhandler can’t:
• Seek donations within 100 feet of banks, ATMs, bus stops, parking lots and garages, or food establishments.
• Request money from people who are already seated at outdoor cafes or waiting in lines at outdoor events.
• Block pedestrian traffic by standing on a sidewalk or median within 30 feet of an intersection without traffic lights or within 15 feet of one
One of the things that I love most about this country is the 1st Amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Forgive me if I am wrong, but to me, that means that we can say what ever we want (within reason) and stand on any public street corner and tell any other person walking down that same street corner what ever we want. We can call them names, insult them personally or just share our opinions with them. That’s fine by me. I don’t mind if people think I’m crazy for not believing in God (and yes, I am an atheist) or for thinking that college football is a religion here in Texas or even if they disagree with my politics. They are entitled to their opinion as long as they don’t infringe on mine.
