Phoenix Panhandling Law Invalidated

The Arizona Court of Appeals has invalidated a Phoenix ordinance that banned panhandling at night.  The court, applying intermediate scrutiny, held that the ordinance was not narrowly tailored owing to the fact that it banned peaceful, non-threatening forms of solicitation.  It rejected Phoenix's argument that the government could protect people on the public sidelwaks and streets from unwanted and uncomfortable encounters. 

“Our constitution does not permit government to restrict speech in a public forum merely because the speech may make listeners uncomfortable,” the appeals court wrote. “The First Amendment does not allow the City to restrict speech in a public forum merely because listeners might prefer not to hear a message that may annoy them or make them uneasy.”