DAYTONA BEACH, Fla. – A Daytona Beach ordinance banning panhandling partially violates the First Amendment to the U.S. Constitution, a U.S. Appeals Court affirmed this week. But the judges also ruled the lower court went too far in blocking the whole ordinance.
The 2019 ordinance made it illegal to beg, demand or request money in certain areas of the city, even if it’s for a charitable donation. Violators can be punished with 60 days in jail, and/or a fine of up to $500.
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Areas of the city where panhandling was prohibited included sidewalks and medians, bus stops, ATMs, near schools and daycares, and along the Daytona Beach Boardwalk. It also banned “aggressive” panhandling.
In 2024, a federal judge ruled the ordinance was unconstitutional and permanently blocked the city from enforcing the ordinance.
However, the appeals court this week ruled that the four plaintiffs in the case only had standing to challenge some sections of the ordinance, so other parts of the ordinance could not be blocked.
Those seven provisions banned:
- Aggressive panhandling
- Panhandling within 20 feet of the entry or exit to a commercially-zoned property.
- Panhandling within 20 feet of a bus or trolley stop
- Panhandling within 150 feet of a signalized intersection on certain roads
- Panhandling on the Daytona Beach Boardwalk
- Approaching a vehicle to panhandle, solicit, beg or offer to perform a service
- Panhandling after dark
The biggest finding was that rules that restrict “solicitation” must be content-neutral and regulated “evenhandedly.” The court pointed out that the Daytona Beach ordinance doesn’t regulate commercial solicitations.
“By restricting pleas for immediate donations but not commercial entreaties, Daytona Beach’s ordinance discriminates based on content,” the judges wrote.
The appeals court decided the lower court only had the right to block the provisions listed above. The court lifted the stay on the rest of the ordinance’s provisions.
[READ the full decision below]