Responding to Residents: Proposing a Safe and Constitutional Fix to Panhandling in Medians
- Troy Micklon
- 2 days ago
- 3 min read
In recent weeks, I’ve heard from many Ward 9 residents who have concerns about individuals standing in traffic medians, particularly along South Willow Street, soliciting donations from drivers. This stretch of road is one of the busiest in Manchester, and the concern is not just about comfort. It is about safety for drivers, pedestrians, and those asking for help.
🚨 A Quick Look Back: Why Manchester’s Prior Panhandling Ordinance Was Struck Down
In 2017, the American Civil Liberties Union of New Hampshire (ACLU-NH) filed a lawsuit on behalf of a woman who was passively panhandling on a sidewalk in Manchester. Although she never stepped into the road, she was charged with disorderly conduct because a driver chose to stop and hand her a donation.
The federal court ruled that both the city's ordinance and its enforcement practices violated the First Amendment. The ruling found the law to be overbroad, not narrowly tailored, and likely to discourage lawful free speech. The court emphasized that you cannot criminalize someone for peacefully asking for help when they are not obstructing traffic or physically interfering with anyone.
As a result of the lawsuit, Manchester was permanently barred from enforcing the ordinance. The court also ordered the city to pay $89,000 in damages and legal fees to the plaintiff and the ACLU-NH.
🛠️ A Better Approach: Regulate Conduct, Not Speech
That is why I am proposing a narrowly focused ordinance that prohibits standing or soliciting in traffic medians that are not designed for pedestrian use.
✅ This would be content-neutral. It applies to anyone, regardless of their message.
✅ It would be based solely on traffic safety, not the type of speech being expressed.
✅ It would comply with the court ruling, which made clear that public safety can be addressed so long as First Amendment rights are not violated.
The idea is simple. If a median does not have a crosswalk, signal, or pedestrian refuge space, then it is not a place to linger, ask for donations, or interact with vehicles.
🤝 What This Ordinance Would and Would Not Do
It would:
Help reduce distractions and safety risks for drivers
Protect individuals from standing in fast-moving traffic
Reduce trash/liter left in the medians
Apply specifically to medians, not all public spaces
It would not:
Ban signs, peaceful panhandling, or speech on sidewalks
Criminalize homelessness, poverty, or requests for help
Prevent residents from engaging in lawful public expression
🧩 Not a Final Solution, But a First Step
Let me be clear. This ordinance will not eliminate all panhandling in Manchester. No single ordinance will. But it will address a specific, recurring issue that I have heard about directly from residents in Ward 9, especially those who live and work near South Willow Street.
This is a measured and legal step that addresses legitimate safety concerns while respecting the constitutional rights of everyone in our community.
🗣️ What Comes Next?
If elected Alderman, I will work to bring this proposal forward with full transparency, legal review, and public input. I believe we can improve public safety without resorting to heavy-handed or unconstitutional enforcement.
Let’s start with a common-sense solution and keep working toward a city that is both safe and compassionate.
Troy Micklon
Candidate for Alderman, Ward 9
Perfect approach for someone who cares about their neighbors and businesses , thank you for getting involved