Alexandria city council repeals ‘obsolete’ panhandling law

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The Alexandria City Council unanimously voted to repeal a law that prohibited panhandling after the city attorney’s office found that the ordinance violated the First Amendment. 

Key Players

The Alexandria City Council, the governing body of Alexandria, Virginia, includes five councilmembers, a vice mayor, and a mayor.

Justin Wilson is the mayor of Alexandria.

Joanna Anderson serves as the city attorney. She recommended that Alexandria repeal the panhandling ordinance.

John Taylor Chapman, a city councilmember, was cautious about removing aspects of the law, but ultimately voted for the repeal. 

Alyia Gaskins, another councilmember, was frustrated with some of the public backlash it received over the repeal. 

 Further Details

On Oct. 3, 2023, Anderson released a memo raising First Amendment concerns about the city’s panhandling law.

Passed by the council in 1994, the ordinance included language that restricted the use of violence or aggressive behavior to solicit money and protected ATM users by prohibiting panhandling within 15 feet of the machines. Panhandling was classified as a Class 3 misdemeanor, the second-lowest level of crime that an individual can be charged with in Alexandria. Punishment for offenders includes a $500 fine without jail time.

Anderson stated that the continued enforcement of the ordinance would require the city to engage in “content-based discrimination of speech against panhandlers.” She said the ordinance could leave the city vulnerable to lawsuits and was ultimately unenforceable because of previous court rulings. 

In 2013, in Clatterbuck v. Charlottesville, the 4th U.S.Circuit Court of Appeals ruled that a similar ordinance formed “the basis for a cognizable injury under the First Amendment,” reversing the decision of U.S. District Judge Norman Moon, a nominee of former President Bill Clinton who previously had dismissed the case. Two years later, in Reed v. Town of Gilbert, the U.S. Supreme Court ruled that “government can only regulate one form of protected expression differently from other forms of expression if the regulation is narrowly tailored to further a compelling governmental interest,” Patch reported.  

In a statement, Ebony Fleming, an Alexandria spokesperson, said the Supreme Court “made clear that, barring extraordinary circumstances, a locality may not regulate constitutionally protected speech differently based on the content of their message.” As a result, regulations on solicitation singled out panhandlers based on the content of their speech, Fleming said. 

Anderson cited the annulment of similar laws in nearby jurisdictions, such as Fairfax and Arlington, as another reason to repeal the law. Additionally, law enforcement used the ordinance 50 times in the past decade but not at all in the previous three years. 

Wilson echoed the broad sentiment for repeal, affirming the “redundancy” of the ordinance. “You don’t want laws that are on the books that are obsolete,” he said, “because it does just confuse the public.” 

Outcome 

City council repeals ordinance

On Oct. 14, the Alexandria City Council voted unanimously to repeal the law. 

Though the council voted to end restrictions on panhandling, only the speech of those who solicit money was protected. Under city code, any form of aggressive or abusive language and behavior is still illegal. 

Concerns arise

After the repeal, Gaskins received communication from citizens that she believed dehumanized unhoused people who had to resort to panhandling. She said that the emails she and other councilmembers received were concerning and stereotyped homeless people. 

However, many citizens cited violence as the concern that came with the repeal. Chapman addressed this by stating that further discussion regarding panhandling near ATMs was necessary, citing the fact that people were vulnerable to potential attacks.

As of Jan. 11, 2023, there were no further developments.