Title
Ordinance to Amend and Reenact Chapter 24 of the City Code of the City of Hampton, Virginia Entitled “Offenses Miscellaneous” by Repealing Section 24-50, to conform with federal case law
Purpose
PURPOSE/BACKGROUND:
Reed v. Town of Gilbert, 135 S.Ct. 2218, (2015), changed the face of First Amendment law, by expanding the circumstances when a law or regulation is considered to be “content-based,” and subject to strict scrutiny by the courts. Since that ruling, many solicitation and panhandling ordinances, including aggressive solicitation and panhandling ordinances, have been struck down by the federal courts. As a result, the City Attorney’s Office recommends the repeal of the City’s aggressive solicitation ordinance.
Impact:
Hampton Police Officers will no longer be able to enforce the aggressive solicitation ordinance.
Recommendation:
Rec
Approve Ordinance.
Body
BE IT ORDAINED by the City Council of the City of Hampton, Virginia that Section 24-50 of Chapter 24 of the City Code of the City of Hampton, Virginia be repealed.
Chapter 24 - OFFENSES MISCELLANEOUS
Article 1. - IN GENERAL
. . . .
Sec. 24-50. - Reserved.
. . . .