Panhandling Protected Free Speech, But Bills Aim to Curb It

BIRMINGHAM, MI – A state representative recently told Birmingham City Commission members that he’s sponsoring legislation that would give them some redress against an increase in solicitors after the U.S. Supreme Court ruled in November that panhandling constitutionally protected free speech.

Most panhandlers in Birmingham aren’t breaking the law, City Attorney Tim Currier told The Birmingham Eccentric. They remain on the public right away and don’t interfere with the flow of pedestrian or motorized traffic, he said.

State Rep. Mike McCready, R-Bloomfield Hills, told the City Commission that he heard from several constituents who said panhandlers had knocked on their windows asking for cash.

“That, to me, is an intimidating aggressive nature,” McCready said. “They can stand there and ask obviously … but to do what they’re doing, I think steps out of bounds …”

His bill wouldn’t challenge the free speech aspect of panhandling, but would give cities the authority to prohibit panhandlers from soliciting in a manner that is “intimidating, abusive or causes another to feel bodily harm is imminent.”

The proposed legislation would also regulate how closely panhandlers stand to bank entrances, exits and ATMs.