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Change for Change's Sake

Drivers and public safety officials across the country have long complained that the solicitation of charitable donations from motorists stopped at busy intersections is a nuisance and a potential traffic hazard. The fundraisers, however, contend that their right to ask for contributions is guaranteed under the First Amendment.

Drivers and public safety officials across the country have long complained that the solicitation of charitable donations from motorists stopped at busy intersections is a nuisance and a potential traffic hazard. The fundraisers, however, contend that their right to ask for contributions is guaranteed under the First Amendment.

Not surprisingly, different states and localities have different rules about the practice: Some don't regulate it at all, while others require a permit or forbid the activity, although such ordinances often are not rigidly enforced.

That had long been the case in Wichita, Kansas. For years, the Salvation Army, Make-a-Wish Foundation and other nonprofit organizations there had been taking their change buckets to the streets with impunity. In response to public concerns, however, this fall the city council decided to require compliance with its existing ban.

"We found that people were darting in and out of traffic," says City Attorney Gary Rebenstorf, after monitoring how fundraisers worked on city streets. But his staff then determined--to the relief of charity representatives--that Kansas law allows roadway soliciting, as long as groups get a permit from local authorities. So the council voted to establish a licensing system, as well as safety rules and guidelines allowing two streetside "events" per charity per year.

Fulton County, Georgia, has even more stringent regulations: Not only does anyone soliciting funds in the street have to obtain a permit but they also must submit to a criminal background check.