Judge's panhandling ruling could scrap city ordinance

The ruling specifically protects panhandlers who do not enter the roadway or otherwise block traffic. (Courtesy photo)

CONCORD - Rochester officials may have to re-examine their two-year-old panhandling ordinance after a federal judge on Friday struck down as unconstitutional a similar ordinance in Manchester.

The plaintiff forcing the ruling had the backing of the ACLU of New Hampshire and New Hampshire Legal Assistance, who filed a civil suit in U.S. District Court in Concord in 2016.

The ordinance under scrutiny is similar to Rochester's panhandling ordinance, which was enacted in September 2015 and states, in part, "No person shall knowingly distribute any item to, receive any item from, or exchange any item with the occupant of any motor vehicle when the vehicle is located in the roadway."

Federal Judge Landya McCafferty ruled the city cannot legally enforce the ordinance against panhandlers who do not step into the road.

Rochester's ordinance calls for a $25 fine for a first offense, $250 for a second and $500 for a third.

Rochester Police and city officials were not immediately available for comment.