Ulmer v. Municipal Court

Opinion

CHRISTIAN, J.

The People have appealed from a judgment of the superior court for issuance of a writ prohibiting the municipal court from entertaining criminal charges against Lawrence Ulmer for accosting another in a public place for the purpose of begging or soliciting for alms (Pen. Code, § 647, subd. (c)) and soliciting contributions for a charitable purpose without a permit (Oakland Mun. Code, § 3-2.09).

The People’s return to the writ did not controvert Ulmer’s contention that Municipal Code section 3-2.09 is unconstitutional; thus, the ordinance is not in question in this appeal.

It is contended that the superior court erred in determining that Penal Code section 647, subdivision (c), is unconstitutional in that it is either overbroad, i.e. prohibits constitutionally protected as well as unprotected activity, or it is vague and indefinite.

It is alleged in the petition, but not established of record, that Ulmer was arrested while engaged in soliciting funds for the Son of Man Temple for scientific research on the disease of sickle cell anemia.

Penal Code section 647, enacted in 1961, states: “Eveiy person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor: . .. (c) Who accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms.” The evident purpose of this statute is to protect members of the public from the annoyance of being approached in a public place by beggars. The comments of the principal draftsman of the statute were submitted with the final draft to the Assembly Interim Committee on Criminal Procedure. These comments, reproduced in the report of the committee, state:

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This section is drafted to meet the problem of controlling begging by describing specific acts. It is aimed at the conduct of the individual who goes about the streets accosting others for handouts. It is framed in this manner in order to exclude from one ambit of the law the blind or crippled person who merely sits or stands by the wayside, the Salvation Army worker who solicits funds for charity on the streets at Christmas time and others whose charitable appeals may well be left to local control. (2 Assem. J. Appendix (1961 Reg. Sess.) Assem. Interim Com. Rep. (1959-1961) Crim. Proc. pp. 12-13.)