Councilors approve ordinance amendment setting out regulations for solicitations along roadsides, medians

The amended ordinance allows individuals to sit, lie upon, step or stand on, and reach into — without stepping into a roadway — a median to solicit a ride, donation, employment or business from the occupant of any vehicle without a permit as long as they meet city requirements.

Solicitations are permitted from one-half hour before sunrise to one-half hour after sunset by people 16 years old or older. Solicitors must wear high-visibility safety apparel that meets Class 2 or 3 requirements of the Occupational Safety and Health Administration, according to the amended ordinance.

Tulsa and Oklahoma City had previously approved ordinances that essentially prohibited anyone — whether it be a panhandler or a Little Leaguer — from engaging in any solicitation from the side of the road or from a median.

But in 2020, the U.S. Court of Appeals for the 10th Circuit struck down Oklahoma City’s ordinance, ruling that it violated the First Amendment because medians, like sidewalks and streets, are considered “traditional public forums.”

Wednesday’s action by the Tulsa City Council put Tulsa’s ordinance in compliance with the federal court ruling.

Federal case law gives municipalities the authority to dictate the time, place and manner of solicitations as they relate to public safety, “and that is what we’re doing here,” said Councilor Crista Patrick.

She said city officials discussed whether to require an individual to get a permit from the city before soliciting from the side of the road or from medians.

“It was decided at least right now that we don’t have the capacity to staff a physical permit, … but we will re-determine that at another time,” Patrick said.

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