Subject:
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Consider repealing Section 16-6-59, Prohibition of pedestrians soliciting rides, contributions, etc, of the Harrisonburg City Code
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Presented By: City Attorney Brown.
Recommendation and Review
Harrisonburg currently has a City Ordinance, Section 16-6-59, regarding the prohibition of pedestrians soliciting rides, contributions, etc. This code section generally prohibits a person from standing in or close to the street to solicit rides, contributions or business from occupants of any vehicle. This was enacted in 2003. Early last year, the Fourth Circuit Court of Appeals struck down a similar ordinance in Henrico County. That ordinance was found to be an unconstitutional burden on the First Amendment Freedom of Speech. The city of Harrisonburg’s ordinance is broader, prohibiting the solicitation of money and other things.
The city of Waynesboro also has a very similar ordinance prohibiting solicitations of funds and things of value from automobiles. Recently, Waynesboro’s ordinance was challenged on grounds that it violates the First Amendment of the Constitution. I have been monitoring the Waynesboro case. This week, Waynesboro elected to not contest the matter, and to repeal its ordinance.