Fall River takes another shot at creating a panhandling law. Here's the proposed new rule.

FALL RIVER — In 2019, the American Civil Liberties Union of Massachusetts successfully challenged a state panhandling statute using Fall River as an example, and the state Supreme Judicial Court found that the use of the law was unconstitutional under the First Amendment.

Now, four years later, Mayor Paul Coogan and his administration will introduce a new proposed panhandling ordinance to curb aggressive solicitation of money and vendors selling wares on the side of the road and on traffic islands in the city.

“What we did this time is we focused on what the court said — that you are allowed to designate time, place and manner, and that’s what we did with this ordinance. We are not banning panhandling,” said Coogan. “Panhandling can go on, but there are some limitations to it.”

The ordinance, crafted by City Corporation Counsel Alan Rumsey, was presented Tuesday to the City Council and it was sent on to the Committee on Ordinances and Legislation for debate.

The proposed ordinance would make violating its terms a misdemeanor charge accompanied by a $50 fine for a first offense and $100 for a second violation and beyond.

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Fall River law would not forbid panhandling

“This panhandling ordinance does not prohibit panhandling in the city, nor does it suppress a particular point of view,” wrote Rumsey regarding the proposed ordinance. “It simply attempts to strike a reasonable balance between the right to solicit donations with the right to safely and comfortably use public spaces.”

On Monday, Rumsey said the SJC indicated that municipalities “just need to craft it properly to be valid."

“Looking at what the court said, and looking at some further guidelines on it, we believe we are complying with the regulations,” said Coogan. “I just do not think that people driving anywhere in Fall River, whether grocery shopping, going to a wake or to church, have to be harassed by knocking on a car window, glaring in a driver's window and asking for money.”

Coogan said he has no problem with someone asking for a dollar when he’s walking down the street.

“That’s not what we are talking about here. We are talking about language and intimidation that borders on harassment,” said Coogan.

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What does Fall River's proposed panhandling ordinance say?

Rumsey said that currently Fall River has no panhandling ordinance on its books, and is unaware of any city ordinance that had previously existed.

“If you look at the other communities that have a panhandling rule that still exist, I think ours has a much better chance of surviving judicial review,” said Rumsey.

According to the draft ordinance, the restriction on time would not allow panhandling after sunset or before sunrise.

It restricts panhandling at bus stops or train stations, in public transportation or facilities; in any vehicle on the street; and on private property unless an owner gives permission.

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Three-feet rule and restrictions on the manner of panhandling

The proposed ordinance indicates that a panhandler would be charged with a misdemeanor if they come within 3 feet of a person they are asking for money, unless the person being solicited indicates they want to be involved in the transaction.

A person could also be cited for violation of the panhandling ordinance if they harass, follow or use foul language at the person they are soliciting.

The ordinance would also ban any false or misleading information in a solicitation of funds, like pretending they are collecting money for the military when they aren’t in service; lying about being homeless; or falsely representing fundraising for an organization they aren’t involved in, like youth sports.

If passed, the Fall River Police Department would be charged with enforcement.

An uptick in illegal street vendors on city roadways

Coogan said he’s been concerned as well with the apparent increase in people selling items on the street without the required permitting, often with kids in tow on the sides of busy streets and on traffic islands.

One disturbing recent encounter involved a female panhandler, who identified herself as a resident from Cumberland, Rhode Island, who along with her two young children said she was panhandling for donations for a cheerleading organization in that state.

An officer's body camera captured an exchange, at the corner of Plymouth Avenue and Rodman Street, between the Rhode Island woman and her children soliciting the mayor and police.

The woman and her two children are seen crossing busy Plymouth Avenue; the Rhode Islander begins to argue with Coogan after she conceded she did not have a permit.

“We fundraise for cheerleading and youth sports,” said the woman in a raised voice.

“We get permits here in Fall River for youth sports,” Coogan can be heard saying.

“I can panhandle wherever I want,” yelled the woman, issuing a spattering of expletives. “You don’t belong here.”

The body camera video shows the woman walking with her two children to the nearby Stop & Shop.

“You support bums, dude,” she screams at Coogan walking through a gas station parking lot. “No wonder your city has a bunch of crackheads.”

Earlier in the tirade, the woman claims she’s been coming to Fall River for three years, working Plymouth Avenue and Canning Boulevard every weekend, “and there has never been a problem.” She added that when she arrives the other panhandlers are “supposed to leave.”

This article originally appeared on The Herald News: Fall River mayor introduces new law to limit panhandling, begging