Title
Ordinance No. 16-14 amending Section 111 (Solicitation Prohibited) of Article 2 (Offenses Affecting Public Safety) and repealing Section 106 (Use of Medians or Central Dividing Strip) of Part 1 (General Offenses) of Article 6 (Offenses Affecting Property) of Chapter 9 (Public Offenses) of the Code of the City of Colorado Springs 2001, as amended, pertaining to solicitation and medians
Body
Presenter:
Anne Turner, Senior Attorney
Summary:
Draft ordinance pertaining to the amending of the Solicitation Prohibited City Code section and the repealing of the Use of Medians or Central Dividing Strip City Code section.
Previous Council Action:
N/A
Background:
Two judicial opinions issued in 2015 changed the law with respect to the regulation of solicitation. In Reed v. Town of Gilbert, the United States Supreme Court clarified how courts determine whether an ordinance is content neutral or content based on its face, which is the first step in analyzing the constitutionality of an ordinance (such as the City's solicitation code provisions) under the First Amendment. The content neutrality determination dictates the level of "scrutiny" the court will apply. Reed expanded prior Supreme Court decisions and held that an ordinance is content based if it applies to particular speech because of the subject matter or the idea or message expressed. Content-based restrictions on speech are subject to the most stringent standard of judicial review-"strict scrutiny," meaning that to be constitutional, the prohibition must be necessary to serve a compelling government interest. In Browne v. City of Grand Junction, Judge Arguello of the United States District Court for the District of Colorado invalidated a number of provisions of Grand Junction's solicitation ordinances based on Reed, finding that the city's prohibitions on panhandling were not necessary to advance public safety. Colorado Springs' solicitation ordinances contain pro...
Click here for full text