Marianne Martinez
The act of panhandling, or begging, has been increasingly regulated by cities across America, with laws that target those who solicit money from others. However, the constitutionality of these laws has been challenged in recent years, with courts finding that such restrictions infringe on the First Amendment right to freedom of speech. While some cities have argued that panhandling is a public safety concern, advocates for the homeless argue that these laws are discriminatory and part of the criminalization of homelessness. As a result of these court challenges, many cities have repealed their anti-panhandling laws, but some cities continue to enforce them.
| Characteristics | Values |
|---|---|
| Cities with laws against panhandling | Austin, Texas; Minneapolis, Minnesota; Indianapolis, Indiana; Madison, Wisconsin; Springfield, Illinois; Longview, Washington; Bloomington, Indiana; Orlando, Florida |
| Cities that have repealed laws against panhandling | Cleveland, Dallas, Denver |
| Legal arguments against panhandering laws | Violation of the First Amendment right to freedom of speech; vague and overbroad, depriving panhandlers of their free speech rights; "criminalization of homelessness" and discriminatory |
| Legal arguments for panhandling laws | Public safety concerns |
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What You'll Learn
Panhandling is a form of solicitation and free speech
Many cities have adopted laws to reduce or eliminate panhandling, which is a form of solicitation and begging. The impression is often created by someone holding out their hand or using a container to collect money. While some cities have upheld restrictive panhandling policies, others have struck down laws that infringe on the free speech rights of panhandlers. For instance, in 2015, the U.S. Supreme Court explained in Reed v. Town of Gilbert that laws discriminating against speech are considered content-based and subject to strict scrutiny. This has led to lower courts invalidating numerous panhandling laws as impermissible content-based restrictions on speech.
Panhandling has been deemed a form of solicitation and, therefore, a type of speech protected by the First Amendment. This view has been confirmed by a series of court decisions, with federal courts overturning laws that made aggressive panhandling illegal. The First Amendment protects personal solicitation, and courts have ruled that panhandling and solicitation of charitable contributions are protected speech.
However, the line between panhandling and aggressive panhandling is often blurred, with some arguing that city laws regulating panhandling are unconstitutionally vague and overbroad, depriving panhandlers of their free speech rights. Aggressive panhandling involves coercive solicitation, with actual or implied threats or menacing actions. Some cities have implemented laws to address this, such as banning panhandling within a certain distance of ATMs or in specific areas of the city.
The constitutionality of panhandling laws remains a complex issue, with advocates like the American Civil Liberties Union challenging anti-panhandling legislation in various cities. While cities have legitimate public safety concerns, the focus on restricting speech may not be the most effective approach. The fate of panhandling under the First Amendment remains uncertain, with the Supreme Court yet to directly address the issue.
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Laws against panhandling are often deemed unconstitutional
Many cities have adopted laws to reduce or eliminate panhandling, which is a form of solicitation and a type of speech protected under the First Amendment. However, laws against panhandling are often deemed unconstitutional as they violate the freedom of speech. While cities have some legitimate public safety concerns, they cannot discriminate against particular groups and must have a good reason for prohibiting constitutionally protected conduct in public forums such as sidewalks and roadways.
Some laws target and punish the homeless for panhandling, attempting to force them out of high-traffic areas or out of cities entirely. These laws are deemed to punish the poor as they restrict the ability of homeless individuals to advertise and collect money for themselves in the same locations where other individuals and organizations are permitted to do so. In addition, laws against panhandling are often deemed vague and overbroad, raising serious due process concerns by targeting the homeless.
Constitutional lawyers and advocates, including the American Civil Liberties Union (ACLU), have secured court decisions confirming that the First Amendment protects panhandling activities. As a result, many jurisdictions have narrowed the definition of illegal panhandling to include only aggressive panhandling, which involves menacing and intimidating behaviour. However, opponents argue that these statutes are discriminatory and contribute to the criminalization of homelessness.
In recent years, lower courts have invalidated numerous panhandling laws as impermissible content-based restrictions on speech. For example, the 7th U.S. Circuit Court of Appeals in Norton v. City of Springfield (2016) invalidated Springfield, Illinois' panhandling ordinance as unconstitutional. The ordinance banned only oral requests for immediate money but did not address other forms of solicitation. Similarly, in Schaumburg v. Citizens for a Better Environment (1980), the Court held that "solicitation for money is closely intertwined with speech" and is protected under the First Amendment.
Cities can enact ordinances that regulate the time, place, and manner of panhandling without completely prohibiting begging, as long as they are content-neutral and do not infringe on people's free speech rights.
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Some US cities have anti-panhandling laws
The constitutionality of panhandling regulations has been a focus of attention in recent years, with the Supreme Court's decision in Reed v. Town of Gilbert (2015) having a significant impact. The Court explained that laws discriminating against speech on their face or purpose are considered content-based and subject to strict scrutiny. This has led lower courts to invalidate numerous panhandling laws as impermissible content-based restrictions on speech. For example, the 7th U.S. Circuit Court of Appeals in Norton v. City of Springfield (2016) found Springfield, Illinois' ban on oral requests for immediate money to be unconstitutional.
Some cities have specific regulations regarding aggressive panhandling, which is a legal term in the US for unlawful forms of public begging. For example, Bloomington, Indiana, considers panhandling near ATMs, in restrooms, or near cars to be aggressive panhandling and, therefore, illegal. Similarly, Longview, Washington, has laws prohibiting panhandling within 50 feet of ATMs or on private property without written permission. However, opponents argue that these laws are discriminatory and contribute to the criminalization of homelessness.
The American Civil Liberties Union (ACLU) has been actively challenging anti-panhandling laws in various cities, including Albuquerque and Houston. They argue that panhandling should be protected under the First Amendment, and their efforts have resulted in changes to unconstitutional laws across multiple states.
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Aggressive panhandling is a legal term in some countries
Aggressive panhandling is a legal term used in some countries and jurisdictions, including the United States, to describe unlawful forms of public begging or solicitation. It is characterised by coercive or intimidating behaviour, such as vocal appeals, harassment, threats, or demands, with the intent of obtaining an immediate donation of money or other gratuities. This form of panhandling is often distinguished from passive panhandling, which involves soliciting without threats or menacing actions.
The term "aggressive panhandling" has been defined by city, county, and state regulations, with some jurisdictions enacting laws to restrict or prohibit it. For example, Bloomington, Indiana, considers panhandling a "growing social and public safety concern" and has laws against aggressive panhandling near ATMs, restrooms, or cars. Similarly, Longview, Washington, has laws prohibiting panhandling within 50 feet of ATMs or on private property without permission.
The legality of panhandling restrictions has been contested in court, with some scholars and advocates arguing that such laws infringe on free speech rights and unfairly target the homeless population. In the United States, the First Amendment's protection of free speech has been central to legal challenges against panhandling ordinances. Federal courts overturned New York and California state laws criminalising aggressive panhandling in 1991 and 1992, recognising the overlap between solicitation and speech.
However, public safety concerns have prompted cities to enact ordinances regulating panhandling, particularly in response to an increase in people living in public spaces. Some cities, like Orlando, Florida, have required panhandlers to obtain permits and restricted panhandling in specific areas, such as downtown commercial cores. While these measures aim to balance public safety and free speech, they have faced legal challenges, with courts striking down overly broad restrictions.
Aggressive panhandling laws vary internationally, with countries like Norway removing criminal penalties for begging or panhandling in 2006. In South Africa, begging on street corners is illegal, but it does not carry jail time under the Vagrancy Act 1824. The province of Ontario, Canada, introduced the Safe Streets Act in 1999 to restrict "aggressive" or abusive panhandling, which was upheld in court challenges. These varying approaches demonstrate the ongoing debate surrounding the legality and enforcement of aggressive panhandling across different jurisdictions.
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Anti-panhandling laws are criticised for criminalising homelessness
Many cities have adopted laws to reduce or eliminate panhandling, and some of these laws have been criticised for criminalising homelessness. Panhandling, a form of solicitation, is considered a growing social and public safety concern in many cities. While some cities have chosen to address this issue through legislation, others have recognised the potential infringement on the free speech rights of panhandlers.
In the United States, the First Amendment guarantees certain protections for freedom of speech. According to a growing number of court decisions, laws that outlaw panhandling may violate these protections and are therefore themselves illegal. As a result, cities such as Cleveland, Dallas, and Denver have repealed laws restricting panhandling in public places.
Some scholars argue that laws regulating ordinary panhandling are distinct from those addressing menacing and intimidating behaviour, or aggressive panhandling. However, opponents of anti-panhandling laws contend that these statutes are part of the "criminalisation of homelessness". They argue that such laws deprive panhandlers, who are often homeless, of their free speech rights and raise serious due process concerns.
The American Civil Liberties Union (ACLU) and other advocates have successfully challenged anti-panhandling laws in several states, including New York and California. The ACLU contends that the First Amendment protects activities that some local ordinances have attempted to proscribe as illegal panhandling. In response to these legal challenges, some jurisdictions have narrowed the definition of illegal panhandling to focus on aggressive panhandling.
A report by the National Homelessness Law Center (NHLC) found that 48 states have at least one law criminalising homelessness, with some states having up to six such laws. The NHLC urges states to repeal these laws, as they can hinder homeless individuals from accessing housing, employment, and other resources. Instead, the NHLC recommends redirecting resources towards investing in affordable housing and other solutions to address and prevent homelessness.
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Frequently asked questions
Yes, some cities have laws against panhandling, which is a form of solicitation or begging. These laws are often referred to as anti-panhandling laws.
Laws against panhandling have been found to be unconstitutional in a growing number of court decisions. The First Amendment of the United States Constitution protects freedom of speech, and some courts have ruled that anti-panhandling laws infringe on this right.
Aggressive panhandling is a legal term for unlawful forms of public begging. This includes making noise, repeated demands, or soliciting in intimidating places such as near ATMs, restrooms, or cars. Some cities have specific laws against aggressive panhandling.
Many cities across the United States have passed laws to reduce or eliminate panhandling, including Bloomington, Indiana; Longview, Washington; Orlando, Florida; and Springfield, Illinois. Some cities, like Cleveland, Dallas, and Denver, have repealed their anti-panhandling laws in recent years.
Yes, there are ongoing efforts to challenge and change anti-panhandling laws. Advocates like the American Civil Liberties Union (ACLU) are actively working to overturn these laws in various cities, arguing that they criminalize homelessness and violate the First Amendment rights of panhandlers.
