02-18-2020 Pedestrian InterferenceCity’s Budget Update
Pedestrian Interference
City Council Meeting
Constitutionally protected speech
Regulation of speech based on its content is presumed unconstitutional.
Asking for money and begging is protected by the First Amendment to the U.S. Constitution.
Summary of revisions
Because the current code in unconstitutional, staff recommends removing all references to asking for money and begging from the code section.
The proposed language will focus only on obstructing traffic.
There are exceptions for construction and maintenance workers whose job requires them to be in the right-of-way.
Aggressive behavior will still be prohibited
Much of the undesirable behavior that was included in “aggressive begging” was and will remain a violation of other ordinances.
Proposed code language
The following definitions apply to this section:
“Roadway” has the meaning given that term in RCW 46.04.500 as currently adopted or as it may be amended in the future.
A person is guilty of pedestrian interference if, in the public right-of-way, he or she intentionally obstructs pedestrian or vehicular traffic by walking, standing, sitting, lying,
or placing an object in such a manner as to block passage by another person or a vehicle that has the right-of-way causing a pedestrian or vehicle operator to take evasive action to
avoid contact; or loitering on the roadway or on a median between lanes of travel.
Persons actually engaged in work upon a development or maintenance project, including construction and maintenance workers, surveyors, and flaggers, within any construction or maintenance
area indicated by official traffic control devices are exempt from this prohibition on obstructing traffic.
A person violating this section is guilty of a misdemeanor.
Questions?