By Emmanuel T. Erediano
emmanuel@mvariety.com
Variety News Staff
GOVERNOR David M. Apatang on Tuesday signed Senate Bill 24-28 into Public Law 24-15, prohibiting “disorderly conduct,” which includes loitering, begging, and public intoxication at public thoroughfares and tourist sites.
The governor, however, echoed the concern of the Office of the Attorney General that some U.S. courts have found certain anti-begging statutes to violate the First Amendment.
Section 3(a) of the new law provides that “a person is loitering if found on a public thoroughfare or tourist site attempting to stop, or following or attempting to follow, a person for the purpose of handing out fliers or handbills regarding a commercial enterprise for a fee, or to lure, entice, or solicit a person for commercial gain, whether for legal or illegal purposes.”
U.S. courts have ruled that soliciting contributions to a charity is protected under the First Amendment as free speech.
Authored by Senate Vice President Corina L. Magofna, P.L. 24-15 imposes a $500 fine and a 30-day jail term on a person convicted of loitering. For a second offense, the fine will be $1,000 and the imprisonment will be one year.
The governor urged the Legislature to consider amending the new law.
In his transmittal letter to Senate President Karl King-Nabors and Speaker Edmund S. Villagomez, the governor said a narrower tailoring of the offense — particularly a revision of the “whether for legal or illegal purposes” language in P.L. 24-15 — “could help forestall a facial First Amendment challenge.”
The governor also noted that the new law amends existing anti-loitering rules that prohibit begging at tourist sites designated by the Marianas Visitors Authority, but does not include a list of such sites. He recommended that the Legislature, in the future, mandate MVA to promulgate rules identifying designated tourist sites.
Nevertheless, the governor said he applauds the author for the intent of the bill — to promote the CNMI as a tourist destination by crafting enforcement tools to clamp down on disorderly behavior that may interfere with visitors’ enjoyment of the islands.
P.L. 24-15 states that “laws must be in place to protect the health, safety, and welfare of our visitors as well as the general public. It is necessary to improve the CNMI’s ‘premier destination and image’ by prohibiting disorderly conduct, including loitering, public intoxication, and unsightly, unwanted, undesirable, unwelcoming, and even dangerous behaviors displayed or acted on by individuals who intrude or impose unwanted conduct or actions against our community members, residents, tourists, and visitors at public places near business establishments and tourist and historical sites identified and recognized by the Marianas Visitors Authority.”
One of those likely to be affected by the new law is Dorian Dison, a familiar figure to customers of Himawari Restaurant in Garapan and passersby. He is often seen sitting on a plant box across from the business establishment with his pet cat.
In an interview, Dison said he was a member of the U.S. Marine Corps and “got dishonorably” discharged. He said he has been living on Saipan for about 11 years now. He receives $800 a month in Social Security disability benefits and pays $150 monthly rent for a studio-type room in Garapan.
Asked why he always hangs out there, Dison said, “I am poor. That’s why I do this.”
“But I don’t panhandle. I just say, ‘Good morning, hello, and God bless you’ to everyone. That’s my right, right?”
After the interview, he asked, “Can you help me out? Fifty cents will do.”
He received $1 from this reporter.
Emmanuel “Arnold” Erediano has a bachelor of science degree in Journalism. He started his career as police beat reporter. Loves to cook. Eats death threats for breakfast.
