In a recent meeting, the Commissioners of St. Mary’s County discussed a proposal that could add the county to a growing list of Maryland jurisdictions where roadside solicitation is banned. This initiative, spearheaded by Commissioner Scott Ostrow, aims to address the potential dangers posed by individuals standing on roadways, medians, and intersections to solicit money or donations from passing vehicles.
Background and Current Law
Under Maryland state law, roadside solicitation is currently prohibited in several counties, including Carroll, Charles, Calvert, Harford, and Washington Counties. These counties have enacted laws preventing individuals from standing in the middle of roadways or at intersections to ask for donations or money, citing public safety concerns. St. Mary’s County has seen an increase in this type of activity, particularly along high-traffic corridors such as Route 235 and Route 4, which have been identified as among the most dangerous roadways in the region.
The proposed ban seeks to prevent potential accidents and distractions that can arise when drivers encounter people asking for donations while navigating busy intersections or high-speed roads.
Public Safety Concerns
The proposal’s central argument is that roadside solicitation poses significant risks to both solicitors and drivers. In heavily trafficked areas, especially along St. Mary’s County’s major roads, stopping or slowing down to give money can lead to accidents. Drivers may be distracted by solicitors, and pedestrians in roadways or on medians face a higher risk of being struck by vehicles.
Commissioner Ostrow emphasized the importance of prioritizing public safety in high-traffic areas, especially considering that Route 235 is consistently identified as one of the most hazardous roads in the county. As Commissioner Mike Hewitt pointed out, this stretch of road already experiences high accident rates, and roadside solicitation only adds to the potential for danger.
Legal Considerations
Though several counties in Maryland have already implemented such a ban, the legality of restricting roadside solicitation remains a topic of discussion. Roadside solicitation falls under the category of protected free speech, and any regulations must be carefully crafted to avoid infringing on First Amendment rights. This includes ensuring that restrictions are content-neutral, meaning they cannot target specific types of speech or solicitations (e.g., for charities versus personal needs) but must instead focus on the manner, time, or location of the solicitation.
The St. Mary’s County Attorney’s office referenced a 2023 opinion from the Maryland Office of the Attorney General, which offered guidance on the constitutionality of these restrictions. While the law is not fully settled, the general consensus is that public safety concerns provide a valid reason for imposing time, manner, and place restrictions on solicitation activities. These types of laws must demonstrate a clear and rational connection to a legitimate government interest—such as preventing traffic accidents—while not excessively limiting individual rights.
Commissioner Feedback
During the meeting, several commissioners expressed support for the proposed ban, though they also acknowledged the potential legal challenges. Commissioner Hewitt voiced his belief that the public safety benefits outweighed the risks of legal disputes, pointing out that roadside solicitation creates a distraction for drivers and increases the risk of accidents. He stated that the measure would help eliminate the issue before it becomes more widespread and more dangerous.
Other commissioners also noted that public sentiment seems to support the ban. Many residents have expressed discomfort with being approached for donations while stopped at traffic lights or intersections. Commissioner Eric Colvin added that the proposal aligns with efforts to reduce unnecessary distractions on the county’s roadways, a long-standing concern for local government and public safety officials.
Enforcement and Practical Considerations
If passed, the ban would give local law enforcement the authority to issue citations to individuals found soliciting money or donations in roadways, medians, or intersections. The Sheriff’s Office would be responsible for enforcing the ban, though the commissioners indicated that this would not be a high-priority enforcement issue unless public safety is directly threatened.
The commissioners acknowledged that the measure could face opposition, particularly from advocacy groups or individuals who rely on roadside donations. However, they emphasized that the intent of the law is not to target any specific group but rather to ensure the safety of everyone on St. Mary’s County’s roads—both pedestrians and drivers.
Looking Ahead
The proposal will be formally presented to the Southern Maryland delegation for review during the upcoming legislative session. If the delegation supports the bill, it will move forward to the Maryland General Assembly for potential inclusion in state law. The commissioners remain hopeful that the proposal will garner support, as similar measures have already been successfully enacted in other counties across the state.
In the meantime, residents are encouraged to voice their opinions on the proposal. Public safety advocates are expected to support the measure, while there may be concerns raised about its potential impact on individuals who rely on roadside solicitation as a source of income. The commissioners are prepared to address these concerns and make adjustments to the proposal if necessary.
Conclusion
The proposed ban on roadside solicitation in St. Mary’s County reflects growing concerns about public safety on the county’s busiest roads. By preventing pedestrians from soliciting money or donations in hazardous areas, the commissioners hope to reduce accidents and improve traffic flow. While the proposal may face legal and practical challenges, its core focus on protecting lives makes it a timely and important issue for the community to consider.
As the legislative process moves forward, residents will have an opportunity to weigh in on the proposed ban and share their thoughts on how best to balance public safety with individual rights.
