Title
Approval of an Ordinance Amending Olympia Municipal Code Section 9.16.080, Pedestrian Interference
Recommended Action
Committee Recommendation:
Not referred to a committee.
City Manager Recommendation:
Move to approve on second reading the proposed ordinance amending Olympia Municipal Code Section 9.16.080, Pedestrian Interference.
Report
Issue:
Whether to amend Olympia Municipal Code (OMC) Section 9.16.080, Pedestrian Interference.
Staff Contact:
Annaliese Harksen, Deputy City Attorney/Police Legal Advisor, 360.753.8338
Rocio D. Ferguson, Chief Prosecutor, 360.753.8449
Presenter(s):
None - Consent Calendar Item.
Background and Analysis:
Background and analysis has not changed from first to second reading.
The Washington Supreme Court issued an opinion in City of Lakewood v. Willis, No. 91827-9, invalidating as unconstitutional a portion of the Lakewood Municipal Code that restricts begging at on/off ramps and intersections. The Court held that Lakewood's ordinance prohibiting begging, which is defined as, “asking for money or goods as a charity, whether by words, bodily gestures, signs or other means,” violates the First Amendment because it places a content-based speech restriction in a substantial number of traditional public forums. In its opinion, the Court distinguished between laws prohibiting general soliciting (not content-based) and those that focus the prohibition on solicitation for charity (content-based).
Olympia’s Pedestrian Interference Ordinance, found at OMC 9.16.180, specifically subsections (A)(2) and (3), prohibits panhandling, which is defined in part as, “any solicitation made in person, requesting an immediate donation of money or other thing of value. . .” This is problematic because of the Lakewood ruling given that our definition targets speech based on its content - a solicitation for a donation of money or thing of value - and prohibits that conduct in places historically recognized as a traditional public forum, such as sidewalks and other “public places.”
The proposed ordinance updates OMC 9.16.180 by removing all references to panhandling.
Neighborhood/Community Interests (if known):
None known.
Options:
1. Approve the proposed ordinance amending OMC Section 9.16.180, Pedestrian Interference on second reading.
2. Direct staff to make different or additional amendments to OMC Section 9.16.180, Pedestrian Interference.
3. Decide not to approve the proposed ordinance. This option creates a potential liability risk for the City.
Financial Impact:
None
Attachments:
Ordinance