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File Number: 19-490 <br />over their intimidating solicitation ordinances. For example, the City of Sacramento’s aggressive <br />solicitation ordinance was recently challenged by the ACLU. The United States District Court <br />preliminarily ruled that Sacramento’s ordinance violated the First Amendment and Sacramento <br />repealed its entire ordinance. <br />On July 11, 2019, the City Council Rules Committee reviewed the City’s Intimidating Solicitation <br />Ordinance. Due to the changing legal landscape regarding intimidating solicitation regulations, <br />the Rules Committee unanimously recommended the City Council repeal the Intimidating <br />Solicitation Ordinance. <br />If the Intimidating Solicitation Ordinance is repealed, the City will still have tools to prevent <br />aggressive solicitation behavior, including laws regarding disorderly conduct, battery, <br />trespassing, loitering, and obstructing sidewalks. In addition, the City Attorney’s Office is working <br />with staff to prepare a new ordinance, consistent with Federal and State laws that would prohibit <br />individuals from standing on certain street medians, where such behavior raises traffic or safety <br />issues. <br />Current Agency Policies <br />Title 4, Chapter 4-1, Article 9 of the San Leandro Municipal Code (“Intimidating Solicitation <br />Ordinance”) <br />Previous Actions <br />In 2004, the City Council adopted Title 4, Chapter 4-1, Article 9 of the San Leandro Municipal <br />Code - “Intimidating Solicitation Ordinance.” <br />Committee Review and Actions <br />On July 11, 2019, the City Council Rules Committee reviewed the City’s Intimidating Solicitation <br />Ordinance. The Rules Committee unanimously recommended the City Council repeal the <br />Intimidating Solicitation Ordinance and return to the Rules Committee with a new ordinance that is <br />legally compliant. <br />PREPARED BY: Richard D. Pio Roda, City Attorney <br />Elizabeth D. Warmerdam, Assistant City Manager <br />Page 2 City of San Leandro Printed on 9/11/2019 <br />124