The proposed panhandling ordinance that's been floating around city hall for the past few months may be torpedoed for good this week. The council was scheduled to meet Wednesday night (after this issue had been printed) to discuss, among other things, the city attorney's research into the legal issues around panhandling. Her report, which was available on the city's website (ci.bend.or.us) prior to the meeting, didn't exactly provide a ringing endorsement of the concept-one of several that have been floated in the past half year or so, including graffiti removal laws and downtown skateboard bans that seem to be targeted at Mayberrifying Bend. But the council may have to draw the line at panhandling, which enjoys near blanket protection based on Oregon's broad free speech laws.
Medford was the most recent city to attempt a panhandling ordinance and got the smackdown from a district court judge. Medford is appealing, but the law is pretty clear, according to city attorney Mary Winters. A city can adopt rules to keep its citizens safe, but it may not enact laws that limit speech, including solicitations for handouts.
While Winters didn't make a recommendation, she cautioned the council strongly against jumping into the fray. "Adoption of even a modified version of the Medford ordinance could lead to costly constitutional challenges that the city could lose," she wrote.
If that's not a flashing red light, we don't know what is.
Several councilors said prior to the meeting that they weren't too keen on a panhandling ordinance, particularly if it could land the city in court.
"My gut feeling is that unless it's legally bombproof, I don't want to touch it with a 10-foot pole," said Councilor Mark Capell.
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