DEBARY, Fla. — DeBary resident Kerstin Rhoads said she has seen an influx of people lately begging for money in parking lots and at street corners.
“You can have people following you to your car and I can see that being unsafe especially late at night,” Rhoads said.
Now, city leaders have passed an ordinance that does not ban panhandling but does put restrictions on some of the actions associated with it, to help residents feel safe.
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The new ordinance passed last week does not make it illegal to ask for money. However, it restricts how and where panhandlers can do so.
DeBary Mayor Karen Chasez said the new ordinance was crafted to respect people’s First Amendment rights, while allowing people to feel safe and not threatened
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“We are very cognizant of everyone’s right to free speech, that is why this ordinance was crafted to address certain behaviors that make people feel unsafe specifically,” Chasez said.
Behaviors like impeding traffic or bothering someone on a public street or sidewalk are prohibited under the ordinance.
Over the years, several municipalities have attempted to curb panhandling by passing ordinances prohibiting the practice, only to wind up being challenged in the courts.
Attorney Larry Walters, who specializes in First Amendment issues, said the difference in the City of DeBary’s ordinance is the focus.
“The DeBary ordinance approaches the issue a little differently,” Walters said.
Walters points to the fact that the city ordinance doesn’t outlaw panhandling. Instead, “annoying and harassing speech” is illegal.
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Walters says that challenges to the ordinance could arise, depending on one’s interpretation.
What exactly constitutes annoying and harassing speech?
“The courts have held the First Amendment protects annoying speech. So the ordinance could be challenged on that basis,” he said.
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