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Council briefed on second reading of panhandling ordinance changes; amendment adds high-traffic zones ban on verbal solicitation

5798893 · September 5, 2025
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Summary

City staff reviewed a proposed amendment to Asheville's public solicitation (panhandling) ordinance that adds and expands 'high traffic zones' where verbal solicitation would be prohibited, while preserving the ability to hold signs. Legal counsel cited U.S. Supreme Court precedent in designing the amendment to protect First Amendment activity.

City staff reviewed the second-reading materials for an amendment to the city's public solicitation ordinance that would add and expand "high traffic zones" where verbal solicitation is prohibited. The briefing noted the ordinance change includes criminal penalties and, under state law, requires a second reading before it can take effect.

City Attorney (counsel) Brad (first reference: Brad) explained the distinction between existing prohibitions and the amendment. He said panhandling is already prohibited in medians, shoulders and roadways where pedestrian safety is compromised, but the proposed amendment would create defined high-traffic pedestrian zones where verbal solicitation—rather than holding a sign—would be specifically restricted.

Brad told the council the ordinance was drafted to comply with First Amendment jurisprudence, pointing to the U.S. Supreme Court's recent City of Austin decision as influential. "We've designed the ordinance to allow for the First Amendment activity to still take place," Brad said, adding that individuals could continue to hold signs or otherwise communicate in nonverbal ways and could solicit from sidewalks where pedestrian safety is reasonable.

Council members asked for clearer public-facing explanations: Councilwoman Kim Roney asked whether signs and sidewalk solicitation would remain allowed; staff answered that sidewalks remain lawful places for solicitation and that holding signs is permitted even within high-traffic zones. Council members requested clearer language in the staff presentation and materials to reduce public confusion about where solicitation is permitted and how the new high-traffic zone restrictions would be applied.

The briefing did not include a formal vote; the ordinance requires a second reading at the Sept. 9 business meeting to become effective because it includes criminal penalties.