Title
Ordinance No. 16-15 repealing Section 112 (Solicitation On or Near Street or Highway) of Article 18 (Pedestrians' Rights and Duties, Drivers to Exercise Due Care) of Chapter 10 (Motor Vehicles and Traffic) of the Code of the City of Colorado Springs 2001, as amended
Body
Presenter:
Anne Turner, Senior Attorney
Summary:
Draft ordinance pertaining to the repealing of the Solicitation on or Near Street or Highway 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 provisions substantially similar to those struck down by Judge Arguello in the Browne case. Based on Reed and Browne, the City's police officers were instructed in the Fall of 2015 to cease en...
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