A University of Georgia Law School clinic dedicated to protecting free speech is asking Columbia County to repeal its panhandling ordinance.
The ordinance criminalizes requesting charity, a content-based restriction on speech, which violates the First Amendment to the Constitution, the letter, from the UGA First Amendment Clinic and National Homelessness Law Center, states.
In March, the Columbia County Board of Commissioners enacted an ordinance banning “aggressive” panhandling, including repeated or nighttime requests for money, blocking and requests near ATMs or entrances to buildings.
The letter cites a 2015 Utah case, Reed v. Gilbert, which held content-based restrictions on speech must be narrowly tailored and serve a compelling state interest.
Since the U.S. Supreme Court ruling, at least 70 cities have amended or repealed their panhandling ordinances, it said.
Calling the practice “aggressive” does not insulate it from constitutional scrutiny, the letter states. In 2021, a federal court held a Fort Lauderdale, Fla., ordinance banned “much more speech than is necessary” to promote public safety, it said.
Columbia County’s ordinance, which applies to most areas of the county, is insufficiently tailored and duplicative of existing laws, it states. Columbia County commissioners presented no evidence of actual traffic or other incidents resulting from panhandling, it said.
The suburban county’s ordinance came to light after Augusta commissioners suggested the city adopt something similar to address the growing presence of individuals seeking money.
During an Augusta committee discussion Tuesday, the areas seen as problematic included downtown, the Augusta Mall, Washington Road at I-20 and the Peach Orchard-Windsor Spring road corridor. The Augusta Commission abandoned plans to adopt an ordinance after city lawyers said it would likely be unconstitutional.
Columbia County officials had not responded to the letter Thursday but issued the following statement earlier this week.
“Columbia County has no reason to believe our aggressive panhandling ordinance is unconstitutional. The Columbia Judicial Circuit, the Georgia Supreme Court, the United States District Court for the Southern District of Georgia, The U.S. Court of Appeals for the 11th Circuit and the Supreme Court of the United States are all courts that have jurisdiction over Columbia County,” Columbia County Manager Scott Johnson said.
“To our knowledge, not a single one of these courts have ruled aggressive panhandling ordinances to be unconstitutional,” Johnson said.
“As elected officials, we are responsible for making the best decisions for our constituents. At the end of the day, you have to do what’s right for the safety and security of your citizens,” said Doug Duncan, chairman of the county board of commissioners.
