Panhandling often protected by the First Amendment, Augusta lawyers say. What can the city do?

Augusta commissioners are looking for ways to limit panhandling across Richmond County, but the law department is skeptical they can do so without falling afoul of the law.

“Because panhandling/solicitation has been considered First Amendment activity, the courts have been very, very, very strictly looking at similar ordinances and striking them down," said Samuel Meller, senior staff attorney with the law department during a commissioner workshop on panhandling Wednesday.

Commissioner Sean Frantom had brought forward the panhandling ordinance in neighboring Columbia County as a proposal, but Meller was skeptical.

“The law department believes that passing the Columbia County ordinance without serious modification is unwise," Meller said. "The reason that is is that most of the Columbia County ordinance is unconstitutional under federal law."

Meller said he could not think of an example of a panhandling ordinance that was upheld in the federal 11th circuit, which sets legal precedent for Georgia.

Augusta already has a few options, including a state ordinance 40-6-97 that prevents people from soliciting in the right of way according to Richmond County sheriff's Lt. Robbie Silas.

"Once they step in to the roadway it’s a safety hazard and we can charge them with 40-6-97," Silas said.

The issue is not only people asking for money for themselves, but also churches, youth groups and other organizations raising funds, Silas said. These groups are supposed to contact the sheriff's department and ask permission from property owners.

“They have young children, as young as 7, 8 years old running out in to the road way to collect money," Silas said.

There is an existing aggressive panhandling ordinance that applies to specific areas of the county, but expanding it would likely fall afoul of the law.

Commissioners asked about several possible ways to address panhandling beyond the current laws.

Takiyah Douse, interim administrator, said that Charleston has an ordinance that bans handing things out of cars that the legal department could look at. Frantom also suggested talking to the Georgia Department of Transportation about people underneath bridges. Commissioner Catherine Smith McKnight suggested the legal department could look at an ordinance in Dublin, Georgia.

Augusta Commission: To address panhandling in Augusta, officials to hold a workshop, seek an ordinance

Danielle Hayes, public information manager for Augusta, also spoke about the plan to coordinate with Savannah on a "Give Change That Counts" effort that encourages people to donate to local non-profits rather than giving people directly to people.

"It is our plan to launch the 'Give Change That Counts' public awareness campaign to our city," Hayes said, using resources that Savannah has already developed.

The campaign will be up for discussion during the commission committee meetings next Tuesday, and commissioners will hold a follow up workshop on the panhandling ordinance in 30 days with more community organizations present.

This article originally appeared on Augusta Chronicle: Panhandling in Augusta subject of commission workshop, options limited