Two months after WTAW News is told that the city of College Station does not enforce regulations on solicitation of motorists when it is done peacefully, two people are arrested after asking for money while standing in the southbound freeway frontage road near Harvey Road.
College Station police arrest reports do not state either person demonstrated aggressive behavior.
Two people who were arrested on Wednesday, from Houston, were charged with violating a state law against solicitation by pedestrians.
The arrest reports do not say what became of the undisclosed amount of money the two had collected.
Both solicitors are out of jail on bonds promising to make future court appearances.
Councilwoman Elizabeth Cunha told WTAW News on January 17 that there is a local ordinance against aggressive solicitation.
Cunha stated that “The city does not enforce any regulations on peaceful solicitors in medians or right of ways. Individuals can hold signs and/or solicit funds on these public spaces. This is in large part due to legal precedents of First Amendment/free speech protections. If the city were to make an ordinance restricting such conduct, a legal challenge would likely follow.”
Cunha added College Station has an ordinance against “aggressive solicitation”. She explained that “Aggressive manner means any of the following:”
- “(1) Making any physical contact with or touching another person during the solicitation without the person’s consent.”
- “(2) Approaching or following the person being solicited, if that conduct is: a. Likely to cause a reasonable person to fear either imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or b. Reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.”
- “(3) Continuing to solicit a person after the person has made a negative response. (4) Blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation. (5) Using obscene or abusive language or gestures toward the person being solicited.”
Cunha said the information she forwarded to WTAW News was based on an e-mail she received by the city attorney. She said she was not allowed to forward he e-mail. An open records request from WTAW News for the e-mail from the city to Cunha was appealed by the city to the Texas attorney’s general office on January 20.