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Wicomico County bill would ban roadway solicitation countywide; AG opinion and scope of roads drew questions
Summary
Senator Mary Beth Carozza presented local enabling legislation to ban solicitation from roadways in Wicomico County, prompting questions about constitutionality under the U.S. Supreme Court’s 2014 precedent and whether the ban applies to local as well as state roadways.
Senator Mary Beth Carozza presented SB 101, local enabling legislation that would prohibit standing in a roadway, median or intersection to solicit money or donations from vehicle occupants within Wicomico County.
Carozza said the measure was modeled on existing local enabling bills and is supported by local officials and institutions including the City of Salisbury, Salisbury Police Department, Wicomico County Sheriff, county executive and council, Salisbury University and Wicomico County Public Schools. She said the bill aims to reduce public-safety risks posed by individuals soliciting at potentially hazardous locations and allow officers to assist people in need.
Committee members raised constitutional concerns. Delegate Stewart asked whether the sponsor had seen an attorney general letter suggesting that roadway solicitation laws could be subject to strict scrutiny after the U.S. Supreme Court’s 2015 (transcript referenced as 2014/Gilbert) case discussing content-based restrictions on speech. Carozza said she reviewed prior Attorney General letters and that previous AG reviews had not found similar statutory provisions unconstitutional; Stewart said he had a 2023 AG letter saying such policies are "probably unconstitutional" and offered to follow up offline.
Delegate Laymon asked about the geographic scope of the bill; Carozza confirmed the bill applies to all roadways within Wicomico County, including local and county roads as well as state highways, noting that some other counties limit restrictions to state roadways only.
Why it matters: The bill would make roadway solicitation a local misdemeanor within Wicomico County and raise constitutional questions about content-based restrictions; sponsors framed the proposal as a public-safety measure supported by local law enforcement and institutions.
Next steps: The sponsor asked for a favorable report and said she would share AG letters with committee offices; no committee vote was recorded in the hearing transcript.
