Rep. Lima on Panhandling Legislation: “I Feel it Will Pass Constitutional Muster”
Friday, February 08, 2019
Representative Charlene Lima joined GoLocal News Editor Kate Nagle on GoLocal LIVE at the Rhode Island State House, where she spoke to legislation (House Bill No. 5330) which would address panhandling at intersections and roads — specifically prohibiting someone in a vehicle from passing any item to another person while located in an active lane of travel without a special solicitation permit issued by the city or town.
"A lot of cities and towns have tried to address the issue [of public safety and panhandling] but the proposals would have been shot down in court as a violation of people’s First Amendment rights, and that’s a great cost to the taxpayers," said Lima. "So I came up with what I feel is legislation what would pass constitutional muster and not violate a person’s First Amendment right."
"What the legislation would do, it says a motorist can’t stop in a traffic lane and pass anything from their vehicle — and if they do they would have a substantial fine. It doesn’t prohibit them from giving to a panhandler — it’s not a violation of their First Amendment rights," said Lima. "It says you have to pull over to a safe place in order to give. Just like when a police officer stops you — he doesn’t stop you in the middle of the road — you have to pull over."
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