Organ grinders, mendicants and fakirs — Oh, my!

Organ Grinder

Fakir

Street Musician

Anyone who wants to annoy others, make friends or ply their trade as an organ grinder, mendicant, fakir or strolling musician in Ashland’s parks may soon be able to do so without breaking the law.

Panhandling in the parks could also be allowed.

City Attorney Richard Appicello has drafted changes to Ashland Municipal Code sections that date back as far as 1916 in response to an American Civil Liberties Union of Oregon letter challenging aspects of the code.

The Ashland City Council will consider repealing sections of the code at a meeting on April 1. If adopted, the changes would go into effect immediately under emergency provisions because the sections may violate freedom of speech rights protected by the Oregon and United States Constitutions.

In a letter sent earlier this month to city officials, ACLU of Oregon and it’s Southern Oregon chapter asked the city to repeal a law that states “no one shall solicit affairs or beg or publicly solicit subscriptions in any part of the parks.”

ACLU members said the city no longer enforces the law since the Ashland Police Department issued directions to officers in February 2007 that panhandling is not a crime, but instead is a constitutionally protected activity.

Bans on other activities may also be unconstitutional.

Appicello drafted language repealing those city laws as well.

One section of the Ashland Municipal Code states that “solicitors, commercial photographers without permission from the Parks Commission, agents, fakirs, peddlers, mendicants, strolling musicians, organ grinders, exhorters, and showpersons shall not ply their several vocations within the park limits.”

Read the rest of this story in Friday's Tidings (online after 1:10 p.m.)