 "Photo: Michelle Connolly")
Travis County Judge David Phillips upheld a 2005 municipal court ruling Monday, declaring solicitation bans on public streets to be unconstitutional under the First Amendment.
Judge Alfred Jenkins made the original ruling in 2005 against a ban on soliciting drivers, but the decision was later appealed. Phillips also ruled that the ordinance limited speech more than it protected the public.
During the last few years, the city of Austin has passed multiple laws concerning solicitation and the city's homeless population.
Two ordinances were passed in 2001 that targeted the homeless and transients. One prohibited sitting or sleeping on the sidewalk in such a way that impedes the paths of passers-by.
The other limited "aggressive panhandling," or solicitation in buses, at crosswalks or in a way that blocks a person's path. Violations could result in a $500 fine or imprisonment.
A 1996 ordinance prohibiting camping on public property was ruled unconstitutional in 2000.
These anti-solicitation ordinances earned Austin the title of the 10th meanest city in the nation from the National Coalition for the Homeless in 2004, but some of the homeless said they have a more favorable opinion.
"For the most part, the people of Austin are pretty cool. They don't give you too hard a time," Ronald "Tree" Vandiver said.
Vandiver said he has been in Austin for about a week and that instead of panhandling, he sells roses made of palm leaves, a skill he said he learned while surfing in Hawaii. He said he only sells his roses to people who ask him about what he is selling so that he cannot be accused of solicitation.
Some feel it makes little difference whether or not they are actually soliciting anyone.
"The city, police, business owners - you're going to get hassled. It's inevitable. They don't want you out here bugging people," said a man who called himself Dizzy.
City officials said solicitation is not confined to specific areas in Austin.
"Regardless of where you live in the city you'll encounter some form of solicitation," said city spokesman Gene Acuna.
The city of Austin's legal department will now consider appealing the ruling, rewriting the ordinance so it is more clearly defined, or repealing it altogether, Acuna said. Rewriting or repealing would require a vote from the city council.
Critics said they do not see how the city's actions do anything to actually solve the homeless and transient problem.
"You can ban panhandling, but people are still going to do it," Dizzy said. "You have a right to ask and try to make a living."
Be the first to comment on this article!