Explanation
The purpose of this legislation is to amend various sections in Titles 21 and 23 of the Columbus City Codes to place limits on distribution and enact protections for residents in certain public areas. Twenty years ago, Columbus City Council enacted (and has since amended) code to prevent aggressive panhandling in public areas, in response to resident concerns about public safety.
In 2015, the United States Supreme Court made a unanimous ruling in Reed v. Town of Gilbert that would prevent governments from favoring certain messages on signs from others based on content. This case had far-reaching implications for municipalities across the country in their zoning codes and elsewhere. On advice from the Columbus City Attorney last year, the City determined that, based on Reed v. Town of Gilbert, it could not enforce current Chapter 2333, given the potential violations of the First Amendment.
Columbus City Council held a public hearing on panhandling and other types of distribution and heard numerous concerns related to public safety issues. From the information presented by the public, as well as local organizations and human service agencies, it was determined that public safety issues still exist from certain actions taken by those panhandling or engaging in other acts of distribution (the exchange, or attempt to exchange, a physical item between two or more individuals), which includes solicitations for non-profit fundraising. Specifically, this includes engaging in the right-of-way near streets and other roadways, approaching too closely to individuals at ATMs (potentially compromising sensitive personal financial information), and obstructing reasonable access to public right-of-ways.
Based on this feedback, and in conjunction with the Columbus City Attorney’s office, Council will consider the following amendments to City Code to ensure the health, safety and welfare of Columbus residents, while also continuing to ensure the ability o...
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