FULTON – During the Common Council meeting on April 2nd, John Hanson addressed the council, emphasizing the significance of the Supreme Court’s ruling on the right to Panhandle under the First Amendment. He clarified that the ruling allows individuals to approach and request money, providing a crucial legal context to the discussion.
“If they’re around the bank, yeah, they have all right to be there and it’s up to the bank to trespassing,” Mr Hanson stated.
Frank Castiglia spoke against aggressive panhandling and feels that panhandling should be prohibited in certain places in the city. He stated, “I know it’s not illegal. But when I go to a Oswego, I don’t see any panhandlers.”
Mr Castiglia wants any panhandling prohibited in parts of the city. He feels the panhandlers on the streets hurt the city.
Councilor Farnham disagreed with Mr Castiglia regarding seeing beggars in Oswego and Syracuse. “They can be seen from the rooftop resturant.” We all see panhandlers on and off ramps 690 and 81 in Syracuse.
The Fulton City Council of Fulton wants to enact a new ordinance aimed at regulating aggressive solicitation practices, which it identifies as a factor in creating unsafe and intimidating environments in public spaces. The legislation seeks to protect residents, visitors, and businesses from harassment associated with panhandling, ensuring that public areas remain safe and accessible. By addressing these concerns, the city aims to promote a more welcoming atmosphere while maintaining the flow of pedestrian and vehicular traffic.
In recent years, several of New York State’s largest cities have enacted laws targeting “aggressive begging,” which includes practices that may instill fear or involve physical interaction. These laws vary across cities, with New York City, Buffalo, Rochester, and Albany implementing regulations that restrict behaviors like approaching vehicles or loitering near banks and ATMs. Notably, New York City enforces bans on all begging within its subway and airports.
The legal landscape around begging laws has shifted following key court rulings. In 1990, the Second Circuit upheld a subway ban in *Young v. New York City Transit Authority*, which was later challenged and overturned in 1993 by *Loper v. New York City Police Department*, which recognized begging as protected under the First Amendment. The *Loper* case distinguished between public spaces and non-public forums like subways and airports, suggesting that while begging cannot be universally banned, cities can impose targeted restrictions on aggressive behavior.
Following these rulings, some cities, including Rochester and New York City, faced challenges to their aggressive begging laws but have successfully defended them in court, with civil liberties organizations continuing to monitor these regulations.
On May 6th, 2025, the Fulton Common Council will be holding a public hearing on this issue and the Local Law Moratorium on the establishment of Boarding/Rooming Houses.
Public Hearings to be held on Tuesday, May 6, 2025, at 7 p.m. in the Common Council Chambers of the Municipal Building located at 141 South First Street, Fulton.
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