Scottsdale passes new ban on solicitation on street medians

Ban on soliciting in street medians in Scottsdale goes into effect

A new ordinance in Scottsdale banning people from standing on traffic medians for longer than two light cycles goes into effect on Sept. 25.

SCOTTSDALE, Ariz. - A new ordinance goes into effect in Scottsdale on Sept. 25, banning people from standing on traffic medians.

What we know:

Most cities in the Phoenix Metropolitan Area have similar versions of these laws, though some may be unconstitutional.

The Scottsdale City Council passed this new ban in the name of public safety. However, the wording of these laws is what matters because, according to the American Civil Liberties Union (ACLU), panhandling is protected by the First Amendment. That's why they are actively suing the city of Glendale, and more cities could be next.

Shane walks up and down a median off the 51. 

"This is what I do," he said. He stands across the street from Joy, who holds up a sign that reads, "Anything helps."

Joy said she makes about $20 a day, and that that money helps her out. 

Dig deeper:

What many drivers don't realize is that asking for aid is considered speech, and it is protected under the First Amendment, especially on streets, sidewalks, and parks—all of which are traditional public forums where speech rights are strongest.

"The First Amendment generally prevents government from discriminating against certain kinds of speech unless they have what's called a compelling reason to do so," said Aaron Baumann,with the ASU College of Law First Amendment Clinic.

In Scottsdale, a new ban goes into effect this week that prevents people from loitering on medians on streets with speeds faster than 30 miles per hour. 

But it is not aimed at panhandlers.

"It applies to all pedestrians," said Officer Aaron Bolin of the Scottsdale Police Department. "There could be other reasons someone is in a median. Maybe they need a little extra time to cross the intersection. Maybe they do want to express some First Amendment right of some type. Or maybe even ask for some help. Whatever the reason is, they're only allowed to stay on that median basically for two light cycles before it would actually become a violation."

Big picture view:

Mesa has a ban on solicitation on medians, and Phoenix bans aggressive solicitation, but the ACLU took issue with Glendale after they passed a ban before the Super Bowl in 2023.

"Glendale went too far," Baumann said.

This year, the ACLU sued Glendale for not using the right language, having a compelling reason, or identifying a real problem, like people on medians getting hit by cars. In response to the suit, Glendale reversed the ban this month. 

The city declined to comment on the story.

The ACLU said that when restricting activity on streets, these cities must meet strict standards or face legal backlash.

"These other cities' laws are probably unconstitutional too," Baumann said. "We just haven't had the chance to sue them over them yet."

What's next:

The ACLU says they are looking to settle the lawsuit with Glendale. 

Meanwhile, the new ban in Scottsdale starts Sept. 25.