Document Type

Article

Publication Date

5-4-2018

Abstract

The act of panhandling, commonly known as begging, is a form of speech protected by the United States Constitution. But Washington’s cities are increasingly enacting laws that criminalize begging, despite courts finding these laws unconstitutional under both the First Amendment and the Due Process Clause. This brief surveys begging restrictions, assessing their scope and legality. This report offers the first statewide analysis of laws that restrict begging.

Among the brief's key findings is that the vast majority (86%) of Washington cities criminalize begging; the majority (83%) of these laws result in a criminal charge if violated, leading to serious collateral consequences that impact one’s eligibility for housing and employment. Many of these laws would not survive constitutional scrutiny.

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