National group urges Onondaga County to reject ban on 'aggressive' begging

SYRACUSE, N.Y. – A national legal group that works to end homelessness has
contacted Onondaga County legislators urging them to reject a proposed law
against aggressive panhandling.
In a letter emailed today, an attorney from the nonprofit National Law Center on
Homelessness and Poverty warned county lawmakers that a proposed law against
"aggressive solicitation'' is misguided policy that violates the right to free speech.
"This proposed law is unconstitutional (and) fails to address the underlying causes
of people needing to ask for donations,'' wrote Eric Tars, a senior attorney for the
organization. The law would be ineffective and costly to enforce, Tars said.
Legislature Chairman Ryan McMahon, sponsor of the proposed law, said he will
continue to promote the legislation.
County attorneys are tailoring the law narrowly to address threatening or
harassing behavior, not simple panhandling, McMahon said. Enforcement of the
law, together with new efforts to find services and employment for panhandlers,
should help address specific public safety concerns related to panhandling, he
said.
The proposed law has been pulled from the agenda for Tuesday's legislature
meeting while lawyers continue to tinker with the language. The legal review was
under way before the National Law Center expressed its concerns, McMahon
said. The earliest the law could be put to a vote would be Oct. 2.
Coincidentally, the National Law Center on Tuesday launched a nationwide
campaign to repeal anti-panhandling ordinances in more than 240 communities.
A Supreme Court decision in 2015, "Reed vs. Town of Gilbert,'' made clear that
panhandling is protected by the constitutional right to free speech.
Since then, 25 local panhandling bans have been overturned in court and at least
31 others have been repealed, the Law Center reports.
In his letter to Onondaga County lawmakers, Tars said even laws targeting
"aggressive'' panhandling are likely to lose in court. He cited a 2016 federal case
in Florida, in which a judge struck down a Tampa law similar to the proposed
Onondaga County legislation.
"The strength of this precedent . . . suggests Onondaga County's ordinance will
likely meet a similar fate,'' Tars wrote. "It would be an unfortunate misuse of
resources for the county to invite losing litigation.''
McMahon said his legislation is intended to be part of a solution, combined with
outreach efforts including a proposed day-labor program. He anticipates legal
opposition, which is why county lawyers are still tinkering to strengthen the
proposal against potential legal challenges.
"We know that there's folks out there looking to beat this thing up. We want to
make sure everything's been looked at and that it's going to be effective,'' he said.