It's been at the center of multiple demonstrations, several lengthy city council meetings, and a federal lawsuit – now a controversial ordinance is set to take center stage once again at Arlington City Hall.
Tuesday night, the City Council will vote on proposed changes to a rule that bars people on sidewalks and in roadways from handing out items to drivers.
For months, the city and a gun rights group called Open Carry Tarrant County have battled over the Constitutionality of the ordinance.
During their marches, members of Open Carry Tarrant County will often hand out pamphlets and copies of the Constitution to drivers at stoplights. Earlier this year, several members of the group were cited for violating the ordinance.
The city says it's a matter of public safety.
"That can create an unsafe condition not only for them, but for our motoring public," Arlington Police spokesperson Lt. Chris Cook told NBC 5 back in April after those citations had been issued.
According to police data, there have been more than 100 pedestrian-related crashes in Arlington every year since 2009. Several of those incidents were fatal.
Local
The latest news from around North Texas.
Open Carry Tarrant County says it doesn’t buy the public safety argument, because the ordinance was never readily enforced until their members showed up in Arlington. The group's leader, Kory Watkins, calls it an infringement on their First Amendment rights.
"I'm a free man," Watkins told NBC 5 in April. "If I want to hand something to someone who has asked for it – it's a mutual agreement between two people – there shouldn’t be anything wrong with that."
Watkins filed a lawsuit against the city in May. In July, a federal judge sided with him, ordering the city not to enforce the ordinance.
Now, the city has proposed making changes to the ordinance. Under the new rule, people would be allowed to hand things to drivers from a sidewalk or unpaved shoulder. If they’re caught distributing items in the roadway, an island, or median, however, they could be fined up $500.
Watkins' attorney Warren Norred says this version of the rule is better, but that it still "marches up to the edge of the Constitution."
"It's legal for me to cross the street, but I can't stop and hand somebody a Constitution?" said Norred. "I think that's over the top."
He says he takes issue with the fact that the new ordinance doesn’t specify that it also applies to state employees.
"If it's not changed, our current position is that’s not suitable," said Norred. "We'll continue to fight."
In an emailed statement to NBC 5, Arlington City Attorney Jay Doegey wrote:
"The City seeks to protect both public safety and First Amendment rights. As shown in the information included in the staff report, Arlington has experienced a significant number of pedestrian deaths and injuries over the years. Texas as a whole has experienced the highest number of pedestrian deaths in the nation, according to recent national data. The City Attorney’s Office is proposing an ordinance for council consideration that mirrors an ordinance that was previously held to be content-neutral and non-discriminatory, and protective of public safety."
Tuesday's city council meeting begins at 6:30 p.m.
