City backtracks on revisions to anti-solicitation laws

ARLINGTON — The latest suggested revisions to the city's anti-solicitation laws restored two restrictions on coercive solicitation after conversations between the city attorney and the American Civil Liberties Union.

ARLINGTON — The latest suggested revisions to the city’s anti-solicitation laws restored two restrictions on coercive solicitation after conversations between the city attorney and the American Civil Liberties Union.

City attorney Steve Peiffle explained to the Arlington City Council April 6 that the ACLU was concerned with the city’s definitions of “coercive solicitation.” The organization had objected to certain time and location restrictions on solicitation, due to its focus on protecting the First Amendment’s right to free speech.

Peiffle reported that the ACLU had no objections to the city restricting such solicitation to prevent the passage of motor vehicles from being blocked.

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The ACLU likewise agreed to the city restoring previously removed restrictions on intoxicated solicitation, or solicitation that involves the exploitation of a child, so long as they were placed in a standalone section.

“This avoids a showdown with the Constitution,” Peiffle said. “While it changes how we combat the problem, it still leaves the tools in our chest for us to do so.”

While several council members had previously voiced their objections to removing those restrictions, a countering opinion was offered by Jacob Kukuk, a candidate for Position 6 on the council, who asserted state law already covers those areas.

“Why replicate it, if it could cause a conflict between the state and city laws?” Kukuk asked. “It’s too broad, when we already have resources to protect against the exploitation of children, which isn’t even defined by the municipal code. Without that definition, it could be construed to include kids doing a charity car wash or Girl Scouts selling cookies.”

Kukuk also took exception to the notion that citizens should be protected from “intimidating” speech, which he worried could be misused to discriminate against certain types of political or religious speech that people don’t care for.

Earlier during the same workshop, the council recognized Dick Butner, the incumbent on Position 6, for his 40-plus years of public service, from law enforcement to city government, while also celebrating his 80th birthday.

Butner will not seek re-election.