Panhandling Restrictions Could Be Lifted By Alexandria City Council

ALEXANDRIA, VA — Alexandria City Council will consider ending some restrictions on panhandling in the city, although some offenses would remain violations under more broad city code guidelines.

Panhandling, the act of collecting money in places such as intersections, is largely allowed in the City of Alexandria. However, the city code restricts certain panhandling actions, including panhandling that causes fear of injury or criminal action in a public place, panhandling with touching without consent, panhandling while blocking the free passage of a person, panhandling with intimidation, panhandling within 15 feet of ATMs, and panhandling within a roadway travel lane.

Now the city is looking to repeal its panhandling restrictions as panhandling is protected by the First Amendment under the Constitution, per the 2013 Clatterbuck v. City of Charlottesville decision. The 2015 Reed v. Town of Gilbert decision determined "government can only regulate one form of protected expression differently from other forms of expression if the regulation is narrowly tailored to further a compelling governmental interest."

"Repealing the City’s panhandling prohibition will ensure that the City is not engaging in content-based discrimination of speech against panhandlers," a memo to City Council reads. "Such a repeal would nevertheless leave in place guardrails that are generally applicable to all speakers that are intended to provide safety, peace, and good order."

Most panhandling restrictions that would be appealed would be covered by criminal offenses under the city code.

For panhandling that causes fear of injury or criminal action in a public place, the city code considers violent, abusive language as a class 3 misdemeanor, while simple assault or assault and battery is a class 1 misdemeanor. Panhandling with touching without consent could also result in an assault class 1 misdemeanor. Panhandling with intimidation can result in an abusive language class 3 misdemeanor or assault class 1 misdemeanor.

Panhandling while blocking the free passage of a person and panhandling within a roadway travel lane are covered by the city code that bans merchandise obstructing streets, sidewalks or walkways, or in some cases, the assault class 1 misdemeanor. Panhandling within a roadway travel lane can also violate city code that bans obstructing traffic.

One panhandling restriction not covered by a comparable city code section is panhandling within 15 feet of an ATM.

On Tuesday, City Council will grant first reading to the panhandling ordinance. Final action is expected on Saturday, Oct. 14.