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Montgomery County panhandlers would have to apply for permits to ask drivers for spare change, under legislation Executive Isiah Leggett (D) is requesting of state lawmakers.

Leggett said panhandlers often stand in the median strip of county roads, which is allowed under county law, but that many approach drivers by walking into the street, which is not.

In the county, panhandling is legal, but aggressive panhandling is not.

A permitting system would allow the government to better regulate panhandling and other solicitations — from medians or roadsides — by tracking panhandlers and educating them on the rules, Leggett said.

Sen. Jamie B. Raskin (D-Dist. 20) of Takoma Park said Thursday that he plans to sponsor a bill that would allow the county to create a permitting system. An identical bill will be filed in the House, he said.

The permits would be required for panhandlers and groups such as charities that solicit money. People selling items such as flowers or water along the road also would be included.

A bill introduced by Raskin in 2009 would have required the permits — not simply given the county the authority to require them.

The recommended legislation is the product of a task force that was formed in 2010 to study roadway solicitation. The group formed after complaints from drivers and businesses that panhandlers were making driving conditions unsafe and affecting sales.

Leggett said it is likely that the permits would cost a small fee, perhaps the $2 or $3 it costs to process them.

"At a number of intersections there is aggressive solicitation of motorists in their cars by people who come into the road," said Raskin, a member of the task force. "It's a huge traffic and safety hazard, in addition to slowing down traffic."

Dan McGrath, 45, said he has been panhandling for about one year. McGrath, who grew up in Gaithersburg, was standing in the median at the intersection of Route 355 and Shady Grove Road on Thursday with a sign reading, "Homeless; lost job; need support; God bless."

Three other panhandlers were stationed in different medians at the same intersection. Two stepped into the road to solicit drivers.

McGrath, who said he typically takes in $40 per day — "if you're lucky you get $100" — said he would be willing to get a permit to continue panhandling.

"Don't arrest us," he said. "Just tell us to go to the courthouse [and get the permit]. We'll go."

Seven Maryland counties have banned roadway soliciting: Anne Arundel, Carroll, Charles, Frederick, Harford, Prince George's and Washington.

Cecil County issues one-day permits for groups, including fire companies and charities.

In Howard County, permits can be purchased for $100 four times per year, and Baltimore County issues as many as a dozen permits per year at no charge.

Leggett's proposal calls for permits for groups, such as firefighters who stage "fill the boot" fundraisers, and individuals.

The head of Montgomery County's career firefighters union, John Sparks, could not be reached for comment Thursday.

Although legal questions have been raised about whether permits or other restrictions on soliciting and panhandling might infringe on freedom of speech, the task force cites Maryland attorney general opinions that say permits and full bans are constitutional.

"All freedom of speech is subject to reasonable time, place and manner regulations," said Raskin, a constitutional attorney.

Tulin Ozdeger, civil rights director of the National Law Center on Homelessness and Poverty, said permitting could be the first step toward an outright ban on panhandling.

"They tend not to actually solve the underlying problem," Ozdeger said of permit procedures.

Montgomery County Councilman George L. Leventhal (D-At large) of Takoma Park, who served on the roadside solicitation task force, said the group's report included suggestions beyond permits, including outreach and community education.

"If a county resident is standing on a street corner literally begging for help, it is my hope that we could find them some help," he said.

The county does not track the number of panhandlers on its roads, Leventhal said. But the number of county homeless typically is between 1,100 and 1,200, he said.

"We do not have any reason to think that all panhandlers are homeless or all homeless are panhandlers," Leventhal said.

ecunningham@gazette.net