01-20-2015 Pedestrian InterferenceBegging is Free Speech
• The U.S. Supreme Court has consistently ruled that
begging for money is protected by the 1st Amendment
of the U.S. Constitution. Schaumburg v. Citizens for Better
Env't, 444 U.S. 62o, 100 S. Ct. 8z6 (1980).
• The Government's authority to regulate free speech is
extremely limited... laws must be content - neutral
and narrowly drawn to address a compelling
government interest, and leave open ample
alternative channels for expression.
• Generally, a government may not regulate free speech.
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Federal Way Ordinance
• Goal was to revise ordinance to mirror those
regulations that have been upheld by Washington
courts.
• Focus of proposed ordinance is on prohibiting the
intentional obstruction of foot and vehicle traffic or
the commission of acts that would intimidate or coerce
an average person.
C 6.35.030
Pedestrian Interference
• Does not:
• Prohibit begging
• Prohibit stepping off the curb to retrieve money from occupants of a
vehicle
• Does prohibit:
• Intentionally blocking traffic on either a sidewalk or street by laying,
sitting or placing an obstacle in the right of way
• Standing on a median in the road to beg
• Persisting in begging after a refusal
• Following a person that has already refused to give money
• Using violent gestures or threats while begging
• Using language that is likely to intimidate or provoke a violent reaction
from a reasonable person
• Touching someone while begging
• Begging next to an ATM
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