Council Votes to Revise Street Solicitation Ordinance
The revised version of the ordinance means solicitation of goods, services, handbills, etc. cannot occur in the vehicular roadway, median and gutter area
The Herndon Town Council voted 4-3 to pass a revised version of the June 8, 2010 street solicitation ordinance on Tuesday night.
The original street solicitation ordinance, passed last June, prohibited people from soliciting goods and services in public highways, including the grassy strip between the property and the sidewalk, the sidewalk, utility strip, curb and gutter, roadway and median.
The revised version passed last night reduces the enforcement area to the road itself and the median, said Town Attorney Richard Kaufman. The ordinance will no longer apply to sidewalks, utility or grassy strips.
Kaufman said from a legal standpoint he didn’t believe any action by the town council was necessary, however the new ordinance would serve as a legislative decision by the town council. He said from the outset the ordinance was legal, appropriate and defensible.
The new ordinance changes the terminology from highway to roadway, as the two terms have different definitions associated with them, Kaufman said. Another change is that the ordinance applies to all streets equally, including streets with on street parking, though it exempts private streets, he said.
Other changes included taking out language that suggested what enforcers of the ordinance should look as an act of soliciting, and a note addressing that events such as Herndon Festival are allowed because of town permits and are unaffected by the ordinance, Kaufman said.
Councilwoman Grace Wolf asked if it would be allowed for someone to stand in the gutter area of a roadway on the street level, something she found to be dangerous. Town Manager Art Anselene said the interpretation of the ordinance from a policing perspective includes the gutter area where cars may travel.
Before allowing any comments from the audience, Mayor Steve DeBenedittis reminded the crowd that everyone in attendance was an adult and they should act as such and show respect for one another. He said it would also help the meeting move along quicker.
Herndon resident Ruth Tatlock said the town attorney did a good job on the revised ordinance and it was very thorough. She said it left in necessary safety items and she can accept the ordinance as presented.
Lisa Hernandez, of Herndon, said she feels the revised resolution is a good, positive first step but doesn’t cover everything. She said she felt the original ordinance specified and excluded members of the community. She said she would still like to see the ordinance rescinded entirely.
Dennis Baughan said there was nothing controversial about the original ordinance. He said selling items on and near roadways has always been something that’s been regulated, and the enabling legislation was OK’d in the House of Delegates and passed unanimously in the Virginia Senate.
Herndon resident and former town council member Dave Kirby said he has all the faith in the world in the town’s attorney, and that when Kaufman says the ordinance is constitutionally correct he believes him. He said he saw no reason at all to change the ordinance, but believes many were misinformed about what the ordinance really addressed.
Vice Mayor Lisa Merkel made a motion to pass the revised ordinance with a suggestion for a wording change from Kaufman. “It’s been said over and over in these chambers that this council needs to move on from this and I could not agree more,” she said.
Merkel said the issue has been brought up at nearly every public hearing in the past seven months and she wanted to address it now so the council could close the issue for good. She said after Tuesday night she had no plans to address the ordinance, 287(g) or other day labor issues again.
She said she would do what she believed was best for the town, without consideration for individuals or outside groups such as Virginia New Majority, the Alexandria-based organization that rallied residents to petition the town on the original ordinance.
Councilwoman Sheila Olem said she felt the revised ordinance was a compromise. She said she wasn’t happy with the first ordinance when it was passed and felt it was overkill. She said she didn’t think it provided a very “hometown feel” that area groups couldn’t sell Girl Scout cookies on the sidewalk.
Councilman Jasbinder Singh said during the last six months much has been said about the ordinance. He said many people feel discriminated and threatened by the original ordinance and he felt the town took the language too far. He said there is no demonstrated proof that there is a traffic safety issue and the ordinance was simply trying to address the day labor issue.
Councilman Bill Tirrell said he is sick of people throwing out the race card every time there’s a disagreement. He said just because he disagrees doesn’t mean he is a racist, and the day labor and other social issues aren’t relevant to the ordinance. He said he believes VNM has made the ordinance into a day labor issue when that’s not the case.
Tirrell said Herndon is warm and welcoming to residents here legally and they are wanted. He said if residents are here illegally “this should be a cold harbor for you. Go home. This is not your country.” He said they should let their governments care for them the way they want the United States government to care for them.
“No matter how it’s packaged it’s a concession to Virginia New Majority,” Tirrell said. He said no matter how much some council members try to disassociate themselves from VNM, public perception lead by VNM would still claim to control them. He said it’s unfortunate because he doesn’t believe that to be true.
Tirrell said for him the issue is simply about public safety, just like other distractions while driving, such as putting on makeup, eating, texting or talking on a cell phone. “Distraction is distraction no matter how worthy the cause, and distraction can kill,” he said.
Councilwoman Connie Hutchinson said a lot of the evening’s debate was about definitions of roadways, sidewalks, curb and gutter. She said all the definitions can be hard to understand, but suggested an amendment to the ordinance that would include the utility strip between the sidewalk and curb and gutter.
Wolf said if it were up to her she’d ban all activity other than driving on roads and keeping pedestrians on sidewalks, but that’s unconstitutional. She said her biggest interest was in keeping drivers and pedestrians safe. She said she doesn’t care what color someone’s skin is, they shouldn’t be in the roadway.
Hutchinson said just because the town has not had an accident in recent years that involved a pedestrian and a car does not mean there is no potential, and the ordinance is preventative. She said she didn’t support changing the ordinance, but would support including the utility strip as part of the roadway where solicitations would be banned.
The council first voted on the amendment to include the utility strip in the ordinance as a place where solicitations could not take place. The motion failed 3-4.
Mayor DeBenedittis then made a motion to deny the ordinance, which also failed 3-4. The Mayor then made a motion to defer the ordinance to April of 2012, which also failed 3-4. Before a final vote, DeBenedittis commented on his thoughts on the issue.
“The intent of this is and always was public safety,” he said. “We would not be discussing this, we would not have put it on tonight’s agenda if it weren’t for an outside group of agitators who came to our town to divide. And to do so and to get folks out, I believe they had to mislead people. I think it’s a mistake to change this ordinance at this time.”
Finally shortly before 1 a.m., the main motion to pass the revised ordinance, with the amendment suggested by Kaufman was passed 4-3. Tirrell asked for a roll call vote. Voting against the passage of the revised ordinance was Tirrell, Hutchinson and DeBenedittis. Voting for the revised ordinance was Olem, Singh, Wolf and Merkel.
Richard Downer
9:34 am on Wednesday, February 9, 2011
Excellent article and thanks to the Council majority that did not recind the ordinance as requested by the VNM, but revised it as recomended by numerous attorneys at the local and state level to remove very constitutionally questionable portions. Now, let's move on to address the major issues like our Downtown Master Plan and Herndon Metrorail Area Master Plan that will truly determine the future of our great community!
Bob Bruhns
10:02 am on Wednesday, February 9, 2011
Herndon's Town Attorney clearly stated that the existing Ordinance was legally sound, but four members of the Council voted to weaken it.
It was no accident that this was immediately framed as a safety issue, because of course people then proceeded to argue about whether it was really a safety issue or not. And oh well, if nobody actually got hit by a car, than hey by all means, they thought, let's make the whole town into a street circus of mostly illegal labor! Brilliant.
In the future, people need to guard against that kind of trick. There are safety issues, of course, but the real issue is what is appropriate in a crowded municipal area. And a street circus of mostly illegal day labor solicitation, with parking areas of legitimate business hijacked for the subsequent hiring negotiations, isn't what this community needs.
susan singh
10:29 am on Wednesday, February 9, 2011
I am mightily pleased that four council members voted to revise an ordinance that under legal scrutiny faced a certain demise when tested in the courts. I often go to our founders writings to reflect as to their deeper intentions when creating the constitution. I would like to offer a few direct quotes from Thomas Jefferson. In doing so, my intention is to hopefully bring the conversation back to a level that resonates within all of us. There is nothing I found more elegant than Jefferson's writing and how our government was formed. The following are quotes from a book titled " Light and Liberty" and are the exact words Mr. Jefferson wrote. " The cement of this union is in the heart-blood of every American. I do not believe there is on earth a government established on so immovable a basis. By bringing the sects together and mixing with them, we shall soften their asperities, liberalize and neutralize their prejudices, and make the general religion a religion of peace, reason, and morality. The greatest good we can do our country is to heal it's party divisions, and make them one people."
" Take things always by their smooth handle. Never be angry with anybody, nor speak harm of them. Anger only serves to torment ourselves, to divert others, and alienate their esteem. When angry, count ten before you speak; if very angry, then a hundred" Thomas Jefferson, founding father
Sincerely, S. Singh
Penny Halpern
11:02 am on Wednesday, February 9, 2011
Good work, Council! We have finally put to rest this issue. I, too, believe in safety but to restrict our freedom of speech and assembly does nothing to promote Herndon as a hometown to be proud of. By revising the ordiance to only affect roadways and medians is a reasonable compromise.
Our volunteer organizations are the heart of what makes Herndon great. Now they can advertise their events without wondering if they are in compliance.
It's time to focus on the BIGGER issues facing Herndon - Downtown Master Plan and Herndon Metrorail. Let's move on, folks.
The Masked Avenger
12:04 pm on Wednesday, February 9, 2011
The decision by the Town Council actually wasn't so bad from my perspective. The anti-solicitation ordinance is still on the books. It still prevents people from walking up to cars stopped at stoplights and asking for donations or for a job for the day. That prohibition now applies to every public street in town whereas before it did not.
The only thing eliminated was soliciting from the sidewalk which might have created some Constitutional issues anyways. Also, sidewalks weren't mentioned in the enabling legislation.
As far as the Virginia New Majority is concerned they spent a lot of time and money trying to get the ordinance rescinded and have now completely given up on that idea. Rishi Awatramani has declared victory and will now walk away with John Liss to do battle with some other imaginary foe until the VNM's funding runs out. I honestly don't think they'll be back on this 287(g) issue and if they do they will run into a buzz saw. I have no compunction about turning this into a national issue.
Now, what are we going to do with Jasbinder Singh? Or as I like to call him Jabber Jaw. His performance last night was both irrelevant and pathetic. (Case in point: His argument we don't need a safety ordinance because no accidents have occurred yet.) I am afraid I am going to have to use my super powers to have him kicked off the Town Council. We might keep him around to refill water glasses or do something else that is actually useful.
The Masked Avenger
Leslie Perales
12:57 pm on Wednesday, February 9, 2011
Interesting opinions, everyone. Thanks for discussing!
Marco
7:58 pm on Wednesday, February 9, 2011
Day Laborers are the face of the immigration reform struggle in the U.S. They are criminalized and demonized by anti-immigrant right while solely struggling to find a living for themselves and their families. There will always be a small percentage of "bad apples" but the majority of Day Laborers, Latino, White, Black, Asian, male & female, are honest, hard-working human beings who want only to help themselves and their families. They are the most vulnerable in society yet the easiest to target and discriminate against. Virginia is in the midst of passing "Arizona" style bills...HB 1465 & HB 2332. The demographic shifts of the last 20 years on the East Coast & Southern States (to an increasing Latino population), the recent election of the first non-white male as President and the economic downturn fueled largely by Wall Street & big corporations has influenced a wave of nativism and anti-immigrant sentiment that hasn't been seen in decades. This is a repetition of hatred and bigotry that will, again, have to be fought and will surely be defeated just like all of the previous racist laws and movement in the U.S. Those proposing and supporting these bills will go down in history as the "Bull" Connors & the Evan Mechams of this generation. If you live in Virginia, please to to http://bit.ly/virginia-action and send a message to your State Senators to stop Arizona style bills in VA! There is a national movement against criminalization of migrants--go to http://altopolimigra.com
Don Joy
1:08 pm on Thursday, April 19, 2012
Give me a break with this race-hustling Marxist garbage already. It's old and it's dishonest. Illegal aliens have broken our laws, period. Take your leftist lies elsewhere.
susan singh
10:10 pm on Wednesday, February 9, 2011
As someone who married an extraordinarily brilliant and compassionate man from India named Mr. Jasbinder Singh I often comment at my good fortune of having so many wonderful friends from all over the world. I have spent the last thirty years working closely with the Sri Lankan's, Korean, Burmese, Thai, Vietnamese, and Indian communities. As someone who has served on the board of the Washington Buddhist Vihara for many years and studied under some of the most Venerable monks in the world I feel a very deep gratitude for all they have contributed to my awareness of their individual countries and people.When I travel to India and Sri Lanka the hospitality is 2nd to none. My friend and teacher Venerable Dhammasiri noted I was half Indian and Sri Lankan. As I view all this diversity I am happy for it's existence. My fine grandfather worked for the O.S.S. and Fort hunt as a intelligence officer. He taught me to welcome new ideas and embrace the global community. My grandparents each spoke 8 or 9 languages and had friends all over the world. They taught me to be fearless. After listening to my grandfather explain what he saw at Nuremberg I realized that freedom is never free and that human beings are capable of greatness and horrible cruelties. I know what happens when good people do nothing. I am also grateful to the wonderful Herndon residents who see diversity as an asset and wish to go forward and help make this town a place we are all proud to dwell in. S. Singh
Bob Bruhns
11:31 pm on Wednesday, February 9, 2011
There are more than six billion people in the world, and we are having problems here because a fraction of one percent of the people of the world have come in illegally, above and beyond the number we feel is right to accept. We spoke one language here, and that worked quite well, but now people need translators for everything. Certainly most immigrants, legal and otherwise, are decent - or we would have total chaos already. But that's not the point. We have laws and regulations, and if diversity means ignoring US law when it suits you, then I have a problem with that. If diversity means our streets are crowded with people who ignored our immigration law and are here looking for work, and our businesses can't use their parking lots because of all of the job hunting going on, then I have a problem with that. Why are the outside organizations not demanding that Virginia have day labor employment in employment centers? Why is Herndon the target for this street circus nonsense? Why not Reston? Who directed this to Herndon, and why?
Ann H Csonka
3:24 am on Thursday, February 10, 2011
IF the Street Solicitation Ordinance is only about SAFETY, then commentary about a Councilmember's style and a 2012 election are irrelevant.
IF the Street Solicitation Ordinance is only about SAFETY, then repetitive commentary on world population, immigrants, and day labor are irrelevant.
Humans tend to include larger issues, consider contexts, and are often concerned about intents of decision-makers. This isn't "bad"; but it was exaggerated and clouded the merits of this specific law.
Sadly, when an outside group moved into the discussion (in a broader context)...more issues, defensive feelings, and layers of positions became embedded.
FACT: we do not have, and have not had, a problem with people soliciting donations or work IN the street/roadway in the Town. Therefore, we do not need a "Street Solicitation Ord.". Other laws already apply to hazardous behavior/safety.
Mostly due to tangential issues, a duly elected Council chose to simplify (not weaken, not rescind) the ordinance to ensure people would not solicit anything in roadways (not including authorized uses of public roadways for events such as Herndon Festival and parades. This amendment resolves some issues and is consistent with State enabling legislation, as the Town Attorney stated.
A majority of the Council voted to change the wording. Closed.
Thank you Vice Mayor Merkel and Councilmembers Olem, Singh, and Wolf.
All need to move on to Downtown, Metro, the Budget and neighbors being neighborly.
Bob Bruhns
10:48 am on Thursday, February 10, 2011
It's not only about safety, Ann. Somebody framed it that way, maybe thinking it would help the ordinance, maybe planning to shoot it down because nobody actually got hit by a car yet. But even the pro-illegal labor people have long said that it is undesirable to have the sidewalks and parking lots filled with anxious job-seeking day laborers jumping on cars to try to get work. Have you forgotten how it was? Do a Google search and look at the old pictures of Elden St. and Alabama Ave. from 2005. But even the pro-illegal labor people did not want to have another day labor center in Herndon. So maybe we should say hey, this is a town, people should get work the old fashioned legal way, not by hanging out on the sidewalk of the street so that people from Reston, etc, will drive into our busy Elden Street and pull into a business parking lot - not as a customer, but to hijack it to hire people for work somewhere else. Is it too much to ask that guests, most of whom are here illegally by the way, should behave with decorum? Or is our culture something to be spat upon in this wonderful age of multiculturalism?
Safety was one facet of this issue, but obviously it was about the town. Was Herndon to be a street circus of mostly illegal labor out in the heat, the cold, the rain and the snow? Or a decent town where people could raise families? But evidently Herndon is captive to the politically correct nonsense that is destroying the USA.
Barbara Glakas
2:42 pm on Thursday, February 10, 2011
It is important to remember that approved town activities, such as the Herndon Homecoming Parade, the Herndon Festival, the Farmers Market, and other events where the solicitation of goods and services may have occurred in the streets, may have all been at risk with the language in the previous solicitation ordinance passed in 2010. That is another reason why some of the language in the ordinance needed to be amended.
Ruth Robertson
9:14 am on Saturday, February 12, 2011
A permit is needed to hold a Homecoming Parade, the Herndon Festival, and the Farmer's Market. These activities were probably never in danger of being closed down by the language in the Street Solicitation Ordinance passed in 2010.
I am pleased that the council recognized that we do indeed need a Street Solicitation ordinance and one is still on the books.
Barbara Glakas
9:03 am on Sunday, February 13, 2011
That’s correct, Ruth, they had permits. However, our permit process ran in direct conflict with the language in our former solicitation ordinance. That is, a permit allowed the farmers to sell their goods in the street at the Farmer’s Market, and yet our solicitation ordinance said no one was allowed to sell anything in the streets. The Town Council cleaned up the language of the ordinance to say that it would not apply to any “authorized” activities, that is, activities which have permits. Now there are no conflicts of language. Also, with the amended language, our Fire Department can apply for a permit to do their annual Fill the Boot campaign for Muscular Dystrophy, something they were not allowed to do in Herndon last year, due to the language in the former solicitation ordinance.
Bob Bruhns
2:44 pm on Sunday, February 13, 2011
Unfortunately, the ordinance also allows people to solicit drivers from sidewalks where there is no parking along the street. This means that people will not only be loitering, but they will be hijacking business and perhaps residential parking for unauthorized purposes. And this is specifically what the outside groups wanted.
Herndon government needs to make a formal protest to the federal and state governments about the things that are solicited in such manner. Clearly the major issue is illegal labor hijacking our town, in violation of unenforced state and federal laws. What will our Mayor and Council do to impress upon our state and federal governments that the failure of our system of law is adversely affecting our town, and is unacceptable?
Barbara Glakas
3:17 pm on Monday, February 14, 2011
Please see the town code (which can be found on the Town’s website) to see all the ordinances the town already has to prevent pedestrians from blocking the sidewalks, ingresses, egresses, and from illegally parking. There are still plenty of laws on the books to control those kinds of actions. I would love our Mayor and Town Council to continue to devote the majority of their time and focus on things like Metrorail, our Downtown Master Plan and the Herndon’s Economic Development Task Face which they have recently created.
Bob Bruhns
11:56 am on Tuesday, February 15, 2011
Barbara, if there are plenty of laws already, then why do we have outside groups forcing us to support illegal labor?
Barbara Glakas
4:34 pm on Tuesday, February 15, 2011
Bob, I was referring to the street solicitation ordinance, not illegal immigration. They are two different issues, in my mind.
The language in the previous solicitation ordinance (passed in 2010) negatively affected many different people in town. By limiting people’s behavior on public sidewalks it effected town businesses (who a wanted to do some advertizing on the sidewalk outside their business); it affected high school groups (who wanted to conduct their car washes); it effected our Fire Department (who wanted to conduct their annual Fill-the-Boot campaign for Muscular Dystrophy). Those are some additional reasons why the council wanted to clean up the language of the ordinance. Ironically, a group it effected the least were day laborers, who do not typically solicit on a the sidewalks or in the middle of the roadway, but do it from private parking lots, or from pre-arranged pick-up’s.
Anyone – including you, me or anyone else – has the right to stand on a public sidewalk and wave at a passing car or ask a passerby for a job. But anyone – including you and me or anyone else – does not have the right to block a public sidewalk, entrances/exits, or to park illegally. Those are the kinds of laws that we already have on our books and can still be applied to any pedestrian who engages in those kinds of sidewalk-blocking or street-blocking behaviors.
As far as what any outside groups are trying to accomplish, I guess you’ll have to go ask them.