GLENDALE, AZ — Three Glendale residents are challenging two of the city’s ordinances, saying they unfairly prohibit the free speech of panhandlers.
The city passed an ordinance in 2022, prohibiting solicitation of money in an aggressive manner in any public area, in any public transportation vehicle or stop and within 50 feet of a bank or ATM.
It also makes it illegal to panhandle on private property, within 25 feet of any business, and to solicit money from any motorist stopped at a stoplight or stop sign.
The second ordinance bans people from stopping for any reason in a median and crosswalk.
The lawsuit filed this week said that “the ordinances are impermissible regulations that prohibit a significant amount of peaceful, non-threatening, and nonaggressive speech, and thus are facially unconstitutional.”
Attorneys from the ACLU of Arizona, Public Justice and the ASU Sandra Day O'Connor College of Law First Amendment Clinic are representing the three people filing the lawsuit.
“These are three individuals who have panhandled and continue to panhandle to provide for their everyday necessities, like food, gas, shelter,” ASU First Amendment Law clinic professor Aaron Baumann said.
Do you have a concern in your community or a news tip? We want to hear from you!
Connect with us: share@abc15.com
Baumann said similar laws have been struck down across the country as they go beyond the acceptable reasons for limiting speech.
“When they passed these laws, they didn't consider any evidence that these panhandlers specifically caused traffic accidents, that they created any public safety harms with respect to pedestrians. And these laws also are so broad,” Baumann said.
The city of Glendale said they have not been served with the lawsuit, so it would be premature to comment.
However, when ABC15 spoke with Deputy City Manager Rick St. John in 2022 about the panhandling ordinance, he said it was passed with public safety in mind.
“We’re not saying the people who need the help don’t deserve the help. We’re steering toward other ways for them to get them help. Just trying to increase safety in our community,” said St. John said in ABC15’s prior coverage.
