4.
City Council Combined Special Meeting/Work Session
- Meeting Date:
- 09/24/2013
- Co-Submitter:
- Colin Spaeth
- From:
- Michelle D'Andrea, City Attorney
- Department:
Co-Submitter:
TITLE:
Approve Stipulation: To resolve CV13-08151-PCT-NVW: Baldwin v. D'Andrea regarding enforcement of loitering to beg statute.
DESIRED OUTCOME:
Settle litigation arising from City enforcement of state statute that prohibited loitering-to-beg.
INFORMATION:
The State of Arizona has determined that the portion A.R.S. 13-2905 that prohibits loitering to beg is unconstitutional under the First Amendment. The City of Flagstaff agrees that it will no longer enforce that portion of the the statute and that it will not take any action in the future that interferes with a person peacefully begging in public areas. The City may, however, impose content neutral time, place, or manner restrictions that are consistent with court decisions interpreting the First Amendment of the United States and the free speech clause of the Arizona Constitution.