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City of San Leandro <br />Meeting Date: September 16, 2019 <br />Staff Report <br />Agenda Section:File Number:19-490 CONSENT CALENDAR <br />Agenda Number:8.K. <br />TO:City Council <br />FROM:Jeff Kay <br />City Manager <br />BY:Liz Warmerdam <br />Assistant City Manager <br />FINANCE REVIEW:Not Applicable <br />TITLE:Staff Report for a City of San Leandro City Council Ordinance Repealing San <br />Leandro Municipal Code Title 4, Chapter 4-1, Article 9 Pertaining to Intimidating <br />Solicitation <br />SUMMARY AND RECOMMENDATIONS <br />Staff recommends that the City Council introduce an Ordinance repealing Title 4, Chapter 4-1, <br />Article 9 of the San Leandro Municipal Code Pertaining to Intimidating Solicitation. <br />BACKGROUND <br />In 2004, the City Council adopted an ordinance pertaining to intimidating solicitation, codified as <br />Title 4, Chapter 4-1, Article 9 of the San Leandro Municipal Code (“Intimidating Solicitation <br />Ordinance”). The ordinance makes it unlawful for any person to engage in intimidating solicitation <br />behavior in any public place and unlawful to solicit, ask or beg in certain public places. In 2018, <br />the City Council provided direction to staff and the City Attorney’s Office to review the City’s <br />Intimidating Solicitation Ordinance. <br />Analysis <br />Consistent with the City Council’s direction, staff and the City Attorney’s Office reviewed the City’s <br />Intimidating Solicitation Ordinance, which included an analysis of the legal landscape regarding <br />intimidating solicitation regulations. Under United States Supreme Court precedent, solicitation <br />(including panhandling) is protected by the First Amendment. Since the City’s Intimidating <br />Solicitation Ordinance was adopted in 2004, First Amendment case law has evolved. Under <br />current jurisprudence, any law or regulation affecting intimidating solicitation must be viewed <br />under a strict scrutiny analysis. Strict scrutiny is the highest standard of review a court will use to <br />evaluate the constitutionality of government regulations; it is a very difficult standard to meet. <br />Due to these changes in First Amendment protections, many cities are facing legal challenges <br />Page 1 City of San Leandro Printed on 9/11/2019 <br />123