The Monongalia County Commission, after months of debate and discussion, has finally approved an ordinance aimed at prohibiting panhandling at busy intersections.
The law is worded carefully as a pedestrian and vehicle safety ordinance. That is so the law can pass constitutional muster—more on that in a minute—but the ordinance was born out of concern and complaints about individuals standing in the concrete medians near stoplights and asking motorists for money.
“Regardless of the perception, or even if it’s the reality, of how the ordinance was born, it’s completely morphed into something that does not attack panhandling,” said Commissioner Jeff Arnett. “It does not outlaw panhandling, it doesn’t criminalize homelessness, and it doesn’t even mention homelessness.”
Mountain State Justice, a non-profit representing low-income West Virginians, argues the ordinance violates the free speech protection in the Constitution. “The act of asking for money, the act of asking for charity, is a First Amendment right,” said staff attorney Leslie Nash on WAJR’s “Talk of the Town” radio show.
There are a lot of court cases on the issue and generally they have ruled that solicitation is a form of speech. However, as with all rights, there are exceptions. A government entity can restrict certain freedoms if it can demonstrate that there is a compelling government interest.
In the case of Monongalia County, the commissioners argue, correctly, that it has an interest in protecting public safety at busy intersections. “We were very careful to look at what can be addressed, and what can be addressed is the pedestrian and vehicle safety area, and that’s what we’ve designed,” said Commission President Tom Bloom.
The ordinance does not stop panhandling. Individuals can still do that, just not while standing in the middle of traffic.
Additionally, the commissioners were careful to apply the ordinance to anyone standing in the road and soliciting, including boot drives by fire departments and fund raisers by school groups. That is important because to pass constitutional muster, the prohibition must be content neutral.
As a practical matter, Monongalia County offers lots of services to individuals in need. The county commission alone allocates $1.4 million annually to social programs, and the United Way Family Resources Network lists eight pages of free services. One of the more popular panhandling intersections is within walking distance to Hazel’s House of Hope, which works with community partners to “ensure food security, shelter, health and financial dignity” to individuals.
This is not a punitive ordinance, nor is it an infringement on free speech rights. It is a commonsense law that addresses what has been an increasingly hazardous activity in the county.