In violation of the Constitution, it would require an individual to secure a permit to pan handle in public spaces.
**Amended on 2/6 to allow counties and cities to opt out
HB 1197 eventually passed out of the House after it was amended during floor debate. Many representatives voiced their concern that the bill would place an unfunded mandate on their communities. Originally, the bill required all counties and cities to establish a licensing scheme for individuals looking to solicit cash or food near public roadways. The amended version now allows cities or counties to opt out of the permitting requirement.
HB 1197 is now before the Senate Judiciary A committee. Committee members will take up the legislation when they convene Tuesday, March 4th.
While Mississippi has a low rate of homelessness compared to other states, there is a growing number of unhoused Mississippians living in the Jackson metro and along the Mississippi Gulf Coast. Many of these individuals have little access to social services, public transportation and shelter. Instead of passing an illegal bill that only serves to push unhoused persons out of sight, legislators should make uniform resources available to Mississippi communities facing housing challenges. Lawmakers have access to millions in unspent TANF dollars that can be used to assist families struggling to find shelter and/or experiencing food insecurity.
Beyond policy concerns, HB 1197 unlawfully infringes on the constitutional right to freedom of speech and threatens to penalize indigent people for their poverty.
This bill only applies to people that “request money or anything of value as a donation or contribution.” However, it does not apply to someone standing on the street asking you to come shop at their business, vote for someone, to accept Jesus or anything else.
In addition, the government cannot burden speech by charging a fee that some people may not be able to afford. That would result in people with money having more rights than people without. Any fee, no matter how small could prevent a homeless person from exercising their First Amendment rights.
