Griffin: “It’s one thing to simply ask people for help. It’s a very different thing to ignore and disregard the laws that keep our streets safe and orderly.”
Attorney General Tim Griffin issued a statement about a 2023 law that is directed at loitering. He stated that it’s not about panhandling, since that was proven to be protected by the U.S. Constitution. Read the full statement and 2023 Act below:
“Loitering in and around public roadways, intersections, and traffic stops has grown to an unacceptable level. Anyone who has spent time in Arkansas’ larger municipalities over the past few years has undoubtedly had to watch out for people walking into the street, putting everyone’s safety at risk. Residents of our cities routinely drive by intersections, sidewalks, and parking lots where people have left all kinds of trash behind after loitering there for hours.
“We have a law that addresses this, but it’s not being enforced. So today I am calling on local law enforcement, and municipal and county leaders to begin enforcing our state’s loitering statute. Act 255 of 2023 fixed the previous constitutional issues with the statute by removing the language at issue, and our law now prohibits individuals from loitering in a harassing or threatening manner, in a way likely to cause alarm to another person, or under circumstances that create a traffic hazard or impediment. This law is constitutionally sound, and local law enforcement should enforce it.
“Federal courts have established that panhandling, by itself, is protected by the First Amendment, and I absolutely respect those decisions. It’s one thing to simply ask people for help. It’s a very different thing to ignore and disregard the laws that keep our streets safe and orderly.
“My office stands ready to help enforce our loitering statute.”
Read Act 255 of 2023 below in the image or in the text at the end:
Stricken language would be deleted from and underlined language would be added to present law.
Act 255 of the Regular Session
*JLC051* 2/15/2023 11:11:03 AM JLC051
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 SENATE BILL 271
4
5 By: Senator M. Johnson
6
7 For An Act To Be Entitled
8 AN ACT TO AMEND THE OFFENSE OF LOITERING; AND FOR
9 OTHER PURPOSES.
10
11
12 Subtitle
13 TO AMEND THE OFFENSE OF LOITERING.
14
15
16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
17
18 SECTION 1. Arkansas Code § 5-71-213(a)(3), concerning conduct that
19 constitutes the offense of loitering, is amended to read as follows:
20 (3) Lingers or remains on a sidewalk, roadway, or public right21 of-way, in a public parking lot or public transportation vehicle or facility,
22 or on private property, for the purpose of asking for anything as charity or
23 a gift:
24 (A) In a harassing or threatening manner;
25 (B) In a way likely to cause alarm to another person; or
26 (C) Under circumstances that create a traffic hazard or
27 impediment;
28
29
30 APPROVED: 3/9/23
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