The City of Flagstaff has agreed to settle a lawsuit that challenged the City’s use of a State law that prohibited loitering for the purpose of begging.
The Police Chief and City Attorney were following State law and not a City specific ordinance. However, the City has learned that constitutional law has evolved regarding these kinds of First Amendment issues and we always want to protect and respect the constitutional rights of our citizens and visitors.
The City of Flagstaff receives numerous calls every year from citizens who express concerns and fear about being panhandled in an aggressive manner. Flagstaff, like other communities before us, will consider bringing a new ordinance forward for Council consideration that respects the right to free speech in public places but protects our citizens from aggressive behaviors.
The City Attorney will bring the settlement recommendation to the City Council at its meeting on September 24, 2013.