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[Paul Jones <pjones AT metalab.unc.edu>]

I have and can forward a lengthy legal brief that explains in detail the 
legal problems with the recommendation (I will send it on to David). 
Later, I understand you will be able to find a copy at 
http://www.lotusmedia.org/ch/legal031903.html but I don't see it there 
yet. Speech need not be political to be protected by the way.

On Fri, 21 Mar 2003, David Minton wrote:

+While not attempting to Flame Bait, what is so wrong with this
+recommendation. I don't really see this as a restriction of free speech.
+This Proposed Amendment only effects people actively soliciting money at
+night. It specifically exempts musicians/artists (as long as they are
+performing, and not actively soliciting money). It also does not seem to
+effect political speech.
+
+David
+
+> Proposed Amendments
+> -------------------
+> Prohibition of Roadway Solicitation.  A State statute, NCGS 20-175(b),
+> prohibits persons on roadways, shoulders, or medians from soliciting
+> employment, business, or contributions from the driver or occupant of a
+> vehicle if such action ³impedes the normal movement of traffic on the 
public
+> highways or streets.²   Current Town Code Section 11-170(e) similarly bans
+> roadway solicitation which impedes traffic.  The State statute and our
+> ordinance have been enforced only when the solicitor physically slowed,
+> stopped, or otherwise visibly affected the flow of traffic. The proposed
+> amendment would forbid solicitation from a shoulder or median even if the
+> solicitor did not step into the roadway and overtly affect traffic flow.  
This
+> proposal is in response to citizen complaints and police observation that 
such
+> solicitation diverts drivers¹ attention and creates a public safety hazard.
+> 
+> Regulation of Nighttime Panhandling
+> -----------------------------------
+> The current Town ordinance on aggressive panhandling, Section 11-170, 
includes
+> various manner and place restrictions, including that begging should not be
+> repeated, persistent, obstructive, or intimidating, and that begging should
+> not take place near ATMs, banks, bus stop signs, or on public 
transportation.
+> Panhandling in these manners or places is inherently intimidating to the
+> person being approached.  The proposed amendment adds a time restriction ­
+> nighttime ­ because night panhandling is also inherently intimidating to 
many
+> people.  Nevertheless, a panhandler who wishes to beg at night would have
+> alternatives: he/she may panhandle, day or night, on any private property 
if
+> the owner does not object, as the ordinances apply only to public places;
+> he/she may panhandle, day or night, in public places so long as he does not
+> make a spoken request for immediate contributions or thrust a written 
request
+> at a person.  Additionally, the proposal would not bar such actions as 
holding
+> up a written sign, or leaving a guitar case open while performing, etc.
+
+ 
+
+
+
+On 3/20/03 3:56 PM, "K. Jo Garner" <kelly AT metalab.unc.edu> wrote:
+
+> On Thu, 20 Mar 2003, Paul Jones wrote:
+> ->If you live some place else, you need not sign.
+> 
+> But you still *can* sign, if you live somewhere else and you frequent
+> Chapel Hill businesses. Part of this proposed amendment is the implicit
+> "people aren't going downtown because they're afraid of the panhandlers"
+> or "what's the public perception of our town when the first thing people
+> see on the 15-501 exit are panhandlers"?
+> 
+> I'm in Chapel Hill every week, sometimes more than once a week. I used to
+> live there for 8 years or so. I drop a bunch of money at Linda's (probably
+> more than I should) and Breadmen's and Cosmic. I get more irritated at the
+> screaming high school car wash kiddies on E Franklin and the
+> firefighters/leukemia/insert-cause-here people rushing out into 4 lane
+> traffic to collect money from cars who are at a stoplight. I wonder if
+> this is passed if those organisations will receive equal scrutiny.
+> 
+> Cheers
+> KJ
+> 
+> ---
+>  "One more drink, and I'll be belligerent!"
+> -- Isaiah, accepting another drink,  Mardi Gras 2003
+>     http://www.ibiblio.org/kelly   -=*=   kelly <@> unc.edu
+> 
+> ---
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==========================================================================
                             Paul Jones
                    "Gort! Klaatu barada nikto!"
http://www.ibiblio.org/pjones/ at the Site Formerly Known As MetaLab.unc.edu
  pjones AT ibiblio.org   voice: (919) 962-7600     fax: (919) 962-8071
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