Little Rock's governing board is reconsidering a ban on solicitation in roadways that it enacted last summer by approving a six-week pilot program that allows solicitation under certain conditions.
When City Attorney Tom Carpenter proposed a complete ban on soliciting and distributing in medians and streets in July 2015, he said he had tried to come up with a rule that allowed some solicitation, but couldn't find a way to do so.
The board ended up approving the ban, but Carpenter promised he'd keep researching the topic.
On Tuesday, he proposed a six-week pilot program that will allow distribution and solicitation in medians and at intersections with some conditions.
The Little Rock Board of Directors approved the pilot in a 9-0 vote Tuesday with one board member absent.
"While there have been no complaints about solicitation since the ban was put into effect, there have been concerns about some efforts to solicit that are stopped because of the ban," Carpenter wrote in a memo to the board Sunday.
The pilot program will permit solicitation in medians by people at least 19 years old who are wearing bright protective clothing in the time between one hour after sunrise and one hour before sunset. The solicitors must first register with the Police Department where they will be located, with the names of everyone involved noted, and soliciting will not be allowed if it is raining.
The ordinance also directs the city's staff to gather traffic count information, compile a list of any problems or complaints arising from the pilot program, and provide a synopsis of ordinances from other cities around the country on this issue.
"At the end of the six-week pilot period, the information will be compiled and the board can decide whether to maintain the permanent ban, or to allow some modifications," Carpenter wrote in the memo.
The six-week pilot will begin Friday.
Last year's board vote to ban all forms of solicitation in the city came after several officials said they had complaints. Some complaints were about youth sports teams seeking donations while others were about individuals, along with children, asking for money.
Two groups opposed the ban -- firefighters who participate in an annual fundraiser to benefit the Muscular Dystrophy Association and the Nation of Islam, which has members who regularly distribute a newspaper for donations on roadways.
Renee Buschholtz, a volunteer with the Muscular Dystrophy Association, pleaded with the board to find a way to address solicitation on corners by people posing as charities, but allow honest groups such as the annual firefighters fundraiser.
Carpenter said at the time: "We've been trying for some period of time to create an ordinance that allows some distribution materials from medians within roadways. We had groups mention a particular desire to do that. It has just been almost impossible to find something that will justify a ban, but then turn around and let certain groups do it when the ban is based on public safety."
Particular problem areas at the time were Bowman Road and Chenal Parkway; where Asher Avenue and Colonel Glenn Road intersect with University Avenue; and along Chenal Parkway.
The former ordinance said the main reason for the ban was to protect drivers, as well as people who are doing the soliciting. It pointed out that solicitors often walk from car to car, ask people to roll down their windows and often have children join them. Such activity "provides a significant safety hazard," the ordinance said.
When the Nation of Islam attempted to fight the ban when it was voted in place in July, the group's attorney said the organization had distributed its newspaper in Little Rock for at least 30 years and has never caused a wreck or injury.
"I think when we get to the point of outright banning stuff, we get to the point of stepping on freedom of religion and freedom of the press," attorney Jimmy Moses said. "Let's table this issue for a second and see if we can work out a less restrictive way to go about this."
Attempts to reach Moses and the firefighter union's representative Monday were unsuccessful.
The board approved the pilot program without any discussion Tuesday.
Metro on 05/18/2016