Tonight is the second read of the proposed ordinance. If this measure gets a sufficient vote – it passes and becomes effective immediately.
THE MEETING TAKES PLACE ON 9/20/2022 AT 7PM.
https://us02web.zoom.us/j/86487194247?pwd=STd3d2gza0lmcHJyeStIMCttYTFMQT09
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You can attend the meeting by ZOOM by clicking the link above. Or you can watch it on FaceBook live – which we will post when the meeting goes live.
Some city councilors are against this measure. Ceasr Stewart-Morales likens the panhandlers in our city to aggressive girl scout cookie sellers outside supermarkets. He, Adam Steiner, Tracey Bryant, Leora Mallach, are against the passage of this ordinance. Noval Alexander and Christine Long are wildcards.
This is not cut and dry – if you want to share your opinion on this matter – we ask that you attend the meeting via zoom above and speak publicly on this matter when the council takes up the topic.
It will be brought up that while the law can be passed, the legal opinion is that if the law is challenged – it would not withstand strict scrutiny analysis and could be deemed an impermissible restriction of free speech.
The litmus test that councilors will have to weigh is – whether enacting a law which may eventually be deemed unconstitutional, whether the financial benefits of enhanced business growth in areas with heavy panhandling and vagrancy, outweighs the cost of defending a potential lawsuit.
The new city solicitor writes in her conclusion, “As stated, it is my opinion the proposed ordinance would not survive constitutional challenge, as it is a content-based restriction on speech in public fora likely to be deemed unconstitutional as in violation of the First Amendment.”
That said, south side residents and business owners heavily support this measure, while less affected areas are against the measure.
This proposed ordinance comes down to who on the council votes, and who speaks up in the city council meeting.
SCROLL DOWN TO READ THE FULL PROPOSED ORDINANCE TEXT.
I saw this coming. They delay and delay on it, then at the last minute finally get an opinion that goes their way. Odd how none of the other cities that have passed similar rules felt that way.