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Bandera City Attorney Dan Santee addresses Bandera City Council members during their regular meeting on April 18.
Photo by Jessica Nohealapa'ahi
April 26, 2023
Bandera City Council Notes
Bandera City Council members discuss panhandlers; approve grant application
By Jessica Nohealapa’ahi
The Bandera Prophet
Bandera City Council members directed City Attorney Dan Santee to create an ordinance addressing aggressive panhandling and soliciting.
“Any time these issues come up, there are so many interests at stake,” Santee said.
Walking the fine line between constitutionally protected rights and the privacy rights of individuals and businesses, Santee told council last week that they must be mindful when moderating free speech.
He identified peddlers, solicitors, and itinerate panhandlers in different categories. A peddler - someone who travels with no fixed place of business, and carries their products with them to sell on site - should be required to purchase a permit, he said. Itinerate vendors - who may have a brick and mortar somewhere, but travel to sell during an event or craft fair - should also be required to purchase a permit.
Canvassers, Santee told council, are nine times out of 10 spreading political speech. They’re not selling anything, but rather expressing a viewpoint. They are treated differently, Santee said, and should not be required to purchase a permit.
To keep regulations content neutral and narrowly tailored to serve the government’s interest, allowable restrictions may limit the times of day solicitations may be made, and where solicitations may or may not take place (such as near ATMs or gas stations, where people may feel vulnerable). However, constitutional implications, such as freedom of speech and religion, must be protected.
“Residents aren’t bothered with non-profits and will buy candy from the neighbor’s kid, but they get irate with the vacuum salesman,” Santee said. “You cannot regulate by those boundaries. That’s when you get into equal protection under federal law.”
Regardless of permit or category status, all solicitors would be legally required to avoid homes and businesses that have No Soliciting signs clearly and visibly posted.
~ In other business, Council unanimously approved a resolution authorizing the submission and execution of all necessary applications and acceptance of the grant for the Bandera Marshal's Office to the Texas Department of Agriculture-Rural Development Community Facilities Direct Loan and Grant Program.
The matching fund grant will be used to purchase two new vehicles for the BMO. Deputy Marshal Brandon Teer said two 2015 Ford Explorers have become too expensive to repair.
“Day to day they are starting to cost the city money for upkeep,” Teer said, adding they would be suitable to use as backup vehicles.
He said he received a quote for two Chevy Tahoes to add to the fleet, which cost $42,575 each, plus outfitting expenses.
“It will be basically ‘buy one get one’ with the grant and match,” Teer said.
~ Council members supported a proclamation recognizing National Child Abuse Prevention Month.
Nearly 50,000 children are abused and neglected in Texas. Babysitters, foster grandparents and parents, and adoptive households are needed.
“Any time these issues come up, there are so many interests at stake,” Santee said.
Walking the fine line between constitutionally protected rights and the privacy rights of individuals and businesses, Santee told council last week that they must be mindful when moderating free speech.
He identified peddlers, solicitors, and itinerate panhandlers in different categories. A peddler - someone who travels with no fixed place of business, and carries their products with them to sell on site - should be required to purchase a permit, he said. Itinerate vendors - who may have a brick and mortar somewhere, but travel to sell during an event or craft fair - should also be required to purchase a permit.
Canvassers, Santee told council, are nine times out of 10 spreading political speech. They’re not selling anything, but rather expressing a viewpoint. They are treated differently, Santee said, and should not be required to purchase a permit.
To keep regulations content neutral and narrowly tailored to serve the government’s interest, allowable restrictions may limit the times of day solicitations may be made, and where solicitations may or may not take place (such as near ATMs or gas stations, where people may feel vulnerable). However, constitutional implications, such as freedom of speech and religion, must be protected.
“Residents aren’t bothered with non-profits and will buy candy from the neighbor’s kid, but they get irate with the vacuum salesman,” Santee said. “You cannot regulate by those boundaries. That’s when you get into equal protection under federal law.”
Regardless of permit or category status, all solicitors would be legally required to avoid homes and businesses that have No Soliciting signs clearly and visibly posted.
~ In other business, Council unanimously approved a resolution authorizing the submission and execution of all necessary applications and acceptance of the grant for the Bandera Marshal's Office to the Texas Department of Agriculture-Rural Development Community Facilities Direct Loan and Grant Program.
The matching fund grant will be used to purchase two new vehicles for the BMO. Deputy Marshal Brandon Teer said two 2015 Ford Explorers have become too expensive to repair.
“Day to day they are starting to cost the city money for upkeep,” Teer said, adding they would be suitable to use as backup vehicles.
He said he received a quote for two Chevy Tahoes to add to the fleet, which cost $42,575 each, plus outfitting expenses.
“It will be basically ‘buy one get one’ with the grant and match,” Teer said.
~ Council members supported a proclamation recognizing National Child Abuse Prevention Month.
Nearly 50,000 children are abused and neglected in Texas. Babysitters, foster grandparents and parents, and adoptive households are needed.