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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (April 3, 2019)
A3 THE DAILY ASTORIAN • WEDNESDAY, APRIL 3, 2019 Judge throws out Arkansas panhandling law Astoria passed a similar ordinance By MATTHEW S. SCHWARTZ National Public Radio When a panhandler approaches a car in the inter- section — his hand out, his eyes wide — that physi- cal interaction is protected by the First Amendment, a federal district judge ruled Monday when he threw out an Arkansas city’s panhan- dling ban. It’s the latest such ban to be found unconstitutional since a 2015 U.S. Supreme Court decision made it harder for the government to pass laws regarding the content of speech. That case, Reed v. Town of Gilbert, had to do with regulating church signs, but courts around the country have cited the case as they strike down panhan- dling laws. To contend with an increase in panhandling at busy intersections, the city of Hot Springs in 2016 passed an ordinance imposing “an absolute ban” on solicita- tion on streets or in medians. After the American Civil Liberties Union sued, the city repealed the ordinance, according to the Arkansas AP Photo/Robert F. Bukaty A man panhandles in the median strip on a street in Portland, Maine, in 2017. Democrat-Gazette. In 2017, the city passed a new version of the ordi- nance. This one eliminated all references to panhan- dling, and instead made it illegal for pedestrians or the occupant of a motor vehi- cle to “interact physically” while the engine was run- ning on a public roadway. But that language was still constitutionally prob- lematic, Judge Robert Daw- son wrote, because physi- cal interactions can convey love, disgust, sympathy and myriad other emotions. “All people everywhere rou- tinely communicate non- verbal messages through physical interaction, often without even noticing it,” he said. “It is visceral and instinctive, and it is often the quickest way to communicate.” So banning physical interaction between pedes- trians and the occupants of a vehicle clearly has free speech implications, the judge wrote. “The c ourt can think of no reason why a pedestrian would intention- ally attempt physical inter- action with a motor vehi- cle or its occupants other than to communicate a message.” “Putting your hand out expresses you need money,” attorney Bettina Brownstein, who handled the case for the ACLU, told National Pub- lic Radio . “Unless they’re obstructing your traffi c, your car, or assaulting you in some way,” the speech is protected, she said. People in their cars may be uncomfortable when panhan- dlers approach but aren’t truly being threatened, said Brown- stein. And the First Amend- ment “takes precedence over everything” — even the right of people to feel comfort in their cars, she said. “We respect the c ourt’s decision,” Hot Springs attor- ney Brian Albright said via email. “However, the safety of pedestrians and motor- ists are still a concern for the c ity.” Albright said it’s too early to say whether the city will appeal the ruling. The Reed case “has placed literally every pan- handling ordinance in the United States at least under risk,” said First Amendment scholar Enrique Armijo, associate dean for academic affairs at Elon University School of Law. Plenty of cities around the country have seen their pan- SALEM — The Ore- gon Senate Judiciary Com- mittee heard public testi- mony Tuesday morning for an omnibus bill combining several proposed gun laws. If passed, the bill would give fi rearms deal- ers the option of raising the minimum purchase age to between 18 and 21 and require fi rearms to be securely stored when not in use. Depending on the specifi cs, violations of the safe storage law could be a Class A violation, a Class B misdemeanor or a Class A misdemeanor. The bill also places restrictions on the sale of unfi nished and 3D-printed fi rearms — sometimes called “ghost guns.” Other rules in the bill would add hospital reporting require- ments for patients injured by fi rearms and would allow colleges and univer- sities to ban fi rearms on campus. Experts and advocates both for and against the leg- islation packed the Capi- tol hallways Tuesday and passed through tighter than usual security before head- ing to testify. Many people also submitted written com- ments on the omnibus bill. Hilary Uhlig, a volunteer with the gun safety group Moms Demand Action, voiced their support for the Senate bill, and a similar piece of legislation in the House. “Both bills will make great strides to prevent gun violence in Oregon and make Oregonians much safer,” Uhlig told Oregon Public Broadcasting while waiting to enter the hear- ing hall. The House held hearings on a separate bill that would refi ne a law passed last year that closed the so-called boyfriend loophole — a gap in federal law that pro- hibited convicted domestic abusers from owning a fi re- arm but not did not apply to intimate partners so long as they didn’t live or have children with their partners. OREGON CAPITAL INSIDER Get the inside scoop on state government and politics! We’re investing in Salem coverage when other news organizations are cutting back. OregonCapitalInsider.com The crowd gathered at the Capitol was passionate, but cordial. A few feet away from Uhlig, Scott Freshwa- ters was waiting to enter the hearing and reading a book called, “Navy SEAL Shooting.” He had a mes- sage on his jacket that said “NRA — Stand and Fight.” He pulled a second sticker from his breast pocket that said, “I will not comply.” Freshwaters said he had a “nice” conversation in the cafeteria with a supporter of the bill but they avoided politics. “Everybody on either side of the debate have good intentions,” he said. “It’s just some are misguided,” he added with a laugh. After the House hearing, Rep. Jennifer Williamson, D-Portland, the commit- tee’s chairwoman, said her colleagues are serious about gun safety. “The chiefs and the sheriffs have been really involved in this as well,” she said. “I appreciate everybody coming together and treating this like a pub- lic health issue.” WANTED Alder and Maple Saw Logs & Standing Timber Northwest Hardwoods • Longview, WA Contact: John Anderson • 360-269-2500 PROFESSIONAL Q: How do I keep LEO FINZI Astoria’s Best.com my computer safe for (from?) my grandchildren? on the Windows icon, A: Click then Settings (the gear), then We Match All Accounts, then Family & other users, On-Line then Add a User, enter their email and Prices! Mon-Fri 10-6, Sat 11-4 password or click “I don’t have their 503-325-2300 info…”, then “Add a User without a Microsoft account,” then enter their name and password (password can be left blank if desired). For additional control over a young child, choose Add a Family member and select a Child account. Enter the appropriate information. 10TH STREET By JONATHAN LEVINSON Oregon Public Broadcasting Astoria on Monday approved an ordinance that makes it a $75 traffi c viola- tion to give or take something from a car window while the vehicle is on the roadway. City leaders said the ordi- nance, modeled after sim- ilar restrictions in other Oregon cities, is meant to improve traffi c safety. But it was passed after complaints about panhandling outside a McDonald’s drive-thru and near Safeway. Consult a ASTORIA TRANSIT CENTER Oregon lawmakers take up a raft of new gun restrictions handling laws struck down, Armijo said. Others have changed them to try to fi t the new constitutional landscape. 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