Morgantown City Council begins repeal of panhandling ordinance

MORGANTOWN, W.Va. (WBOY) — The Morgantown City Council held its first meeting in its newly renovated chamber Tuesday night where it considered a first reading of an ordinance to repeal the city’s code which prohibits “solicitation of persons traveling in vehicles on public rights-of-way.”

That first reading and consideration passed unanimously.

“We will turn around in the near future and introduce the ordinance that will incorporate the needed changes to accommodate the changing environment that we live in,” Haws said.

The move to repeal the ordinance—which was initially passed in 2005—comes after a federal lawsuit was filed against the city in April by Mountain State Justice which claimed that the ordinance violated the First Amendment Rights of one of its clients.

During the meeting, the city’s attorney said that the ordinance does violate the First Amendment despite its intentions to help the Morgantown Police Department prevent pedestrian and vehicle conflicts that could injure pedestrians or interfere with traffic.

He also said that the 2005 ordinance specifically addressed solicitation for money or goods and that solicitation for money falls under speech protected by the First Amendment to the U.S. Constitution.

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