The Arizona legislature has been targeting panhandling for a number of years. In attempting prohibit the practice wholesale, they’ve run into a few roadblocks along the way. The basic battle is between the ability of “panhandlers” to exercise their First Amendment right of free speech, and those who don’t want to be approached in public and asked for money, clothing, etc.
According to the Merriam-Webster Dictionary, panhandling involves stopping or “accosting” people on the street to ask them for money or food. In 2013 and even prior to that year, Arizona and various municipalities passed laws and ordinances attempting to criminalize the practice. In 2013, however, the Arizona statute under which the prosecutions were brought, was declared unconstitutional.
The lawsuit was brought by the ACLU on behalf of a Hopi woman after the woman was arrested for begging. The federal court found that the Arizona statute violated the First Amendment of the United States Constitution essentially because begging was protected free speech. Since that time, the state has wrestled with ways to restrict panhandling, and this year a new law was passed on the subject.
A.R.S. 13-2914A now prohibits solicitation of money or any thing of value in specific situations, including:
- Within 14 feet of a bank or ATM;
- By making physical contact with the other person;
- Approaching the other person in a way intended to cause intimidation.
- Continuing solicitation after being asked to stop;
- Obstructing the passage of the other person; or
- Using “obscene or abusive language” which is likely to cause intimidation of the other person.
While some of the language may be open to challenge on the ground of vagueness, given the narrowing of the restrictions on panhandling, we expect the new law likely will withstand a challenge on free speech grounds.
Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004
(480) 280-8028