MORGANTOWN — “This isn’t about speech or free expression. This is about safety.”
Monongalia County Commission President Tom Bloom told The Dominion Post as much on Wednesday as the commission appears ready to move on a new panhandling law.
Hours earlier, during the commission’s regular weekly meeting, Bloom explained he’s provided a proposed ordinance to his colleagues and requested the commission consider setting a public hearing date as part of next week’s meeting agenda.
The only prohibitions in the proposed ordinance deal specifically with activity on or near “highways,” a term that encompasses all roads and streets.
The law would prohibit anyone from distributing materials, soliciting contributions, selling or attempting to sell or standing, sitting or lying on any portion “of the road or street that is improved, designed or ordinarily used for vehicular travel and the shoulder, the median and the area between the travel lane and the back of the curb.”
It was previously explained this law would also prohibit activities like firefighter boot drives, which are often conducted within rights-of-way.
“We’re not trying to tell someone what they can and can’t say and we’re not singling people out,” Bloom explained. “We’re simply saying people can’t be in the middle of the road. It’s not safe.”
Penalties range from a citation and an informative handout for a first offense to a $100 to $1,000 fine and/or jail time for a third offense.
Late last week, Bloom brought together representatives from the sheriff’s department as well as officials from Morgantown, Westover, Star City and Granville, and their respective law enforcement agencies with the stated goal of getting the same panhandling law on the books in all jurisdictions.
The ordinance that was distributed during that meeting, and now appears to be headed before the commission, is based off a law passed by Henrico County, Va.
While Henrico County was initially sued over its panhandling ordinance, Bloom explained that county’s amended law has thus far held up to scrutiny.
He cites a Columbia Law Review “Note” on panhandling laws following the Supreme Court’s ruling on Reed v. Town of Gilbert.
Among its primary points is the question of whether a law is content based (It’s illegal because you’re asking people for money) or content neutral (It’s illegal because nobody can stand in the street and ask for anything).
Further, while this appears to be more of a legal tossup, there is consideration given to individuals who cannot avoid expression they dislike because they constitute a captive audience — people sitting in a line of cars at a red light, for example.
Bloom said the ordinance being proposed is reasonable. He said allowing people to stand in the road asking for money is not only dangerous, but undermines the extensive resources offered locally.
“I really think we have something credible. It took two months of research. We went through the cases, and I believe we have something that’s fair,” he said.
