It's forbidden to ban begging. Why the Portofino ordinance is unlawful.

Alms asked silently with an outstretched hand disturbs the conscience more than theatrical, intrusive, or, as the penal code defines, harassing requests. Is this why Matteo Viacava, the mayor of Portofino, Italy's richest municipality, issued an ordinance in mid-May banning not only harassing begging but also non-harassing begging? The simple invitation, that is, to leave a coin in a hat on the sidewalk. Indeed, in the Ligurian village, a destination for vacationers drawn by the marina and the curiosity to see how the richest people live (the average income in 2024 was €88,141), until September 30th it will be impossible to beg, even discreetly. Nor will it be permitted—here's the list of prohibitions established by the measure—to camp almost anywhere; to lie down on the ground, on benches, or on walls; to sit on the ground in the streets; Consume alcoholic beverages of any strength, except inside or outside the premises; make noise after 12:30 a.m.; Circulate or loiter bare-chested, in a bathing suit, or barefoot throughout the city center, including the port area.

The act signed by the mayor, however, could prove short-lived or at least difficult. Street Lawyer , a volunteer association that provides free legal assistance to the homeless and promotes their fundamental rights, has taken action against the ordinance. National president Antonio Mumolo and Laura Pica, coordinator of the Genoa office, both lawyers, have sent a formal notice to the mayor, demanding that he "immediately amend, modify, and/or withdraw the ordinance in question, in the part that prohibits non-nuisance begging, in order to bring it into compliance with current legislation." Otherwise, within fifteen days (August 9th), the association will be forced to seek judicial review of the ordinance. "It is not possible to prohibit a person from asking for help. Simple begging by someone holding a sign is different from nuisance begging or begging involving children, which are prohibited. "From a moral standpoint, I can't understand how asking for help can be banned and even fined. This isn't about illegal behavior, which doesn't exist, but poverty," Mumolo points out. "In the press release, we reminded the mayor that Father Marella would stand on Via degli Orefici in Bologna every afternoon from two to three to beg. He was beatified, while in Portofino he would have been fined 500 euros!" the president adds.

The point is that non-harassing begging cannot be punished. The jurisprudence of the Council of State is absolutely unequivocal on this point, emphasizes Avvocato di strada . The formal notice, not coincidentally, refers to two measures adopted against the mayors of Verona and Carmagnola, who had imposed a similar ban in previous years. Following extraordinary appeals to the President of the Republic presented by the association, the Council of State ruled the ban on non-harassing begging unlawful, since in Italy it is legal to ask other people for help in a non-invasive and non-harassing manner. But it's not just a legal issue. "If I were the mayor of the richest municipality in Italy, I would send social services to ask the beggars what their problem was? What do they need? I would try to determine whether they were entitled to a pension or an inclusion allowance," Mumolo reasons. The formal notice—even The Times covered it—has been sent not only to the Mayor, but also to the Public Prosecutor's Office and the Prefect, who will have to justify the authorization given to the ordinance. That's not enough. If the court should seek annulment of the measure, Avvocato di Strada will send a Reporting to the Court of Auditors to assess the Mayor's conduct regarding the financial damage caused. "It's unfair that citizens pay the fees of the administrative lawyer who will defend the Municipality. It's very convenient to litigate with citizens' money. When there's a frivolous dispute, the mayor pays!" warns Mumolo.

Photo by Ricardo Gomez Angel on Unsplash