Council cautioned that panhandling is protected speech; focus must be pedestrian safety, city attorney says

Councilman Hobbs told colleagues he was concerned about panhandlers moving in and out of traffic lanes on high-speed corridors and the safety risk to both panhandlers and motorists. He asked whether state legislation could enable local action where panhandling creates a public-safety hazard.

The city attorney responded that panhandling is protected speech under Supreme Court precedent and that local law cannot broadly prohibit panhandling; instead, the attorney recommended focusing on pedestrian-safety regulations available under current law such as restricting use of medians where documented pedestrian injuries have occurred. "The focus obviously cannot be on panhandling because that's protected speech, but it is on the safety of individuals that are crossing the street or standing in the roadways," the city attorney said.

Council asked staff to research any local measures that could address safety concerns without running afoul of constitutional protections and to follow up on which neighboring localities are pursuing related safety-focused legislation.