MDA requests ordinance change

MOSES LAKE - The Muscular Dystrophy Association's annual "Fill the Boot" fundraiser may be tripped up this fall by a Moses Lake ordinance barring solicitation in the street.

The national MDA fundraiser is usually conducted by off-duty firefighters who stand at intersections and ask passing motorists for donations, an action the Moses Lake City Council banned in March citing safety concerns.

"No person shall solicit from the occupants of any vehicle and be physically present within or subsequently enter a prohibited roadway," the ordinance states.

Representatives of the MDA asked the council to amend the rule Tuesday "to allow qualifying non-profit organizations use of city streets for fundraisers," a change council declined to make.

The requested amendment would have required qualifying groups to provide proof of liability insurance insuring all persons collecting money as well as an agreement holding the city harmless from any and all claims. Group members collecting in the intersections would have to be "trained safety officers" 18 years or older and wearing safety clothing.

In the 18 years they've held the fundraiser in Moses Lake the MDA has exhibited an "A-plus track record" for safety, according to the association's letter to council. The event has raised more than $100,000 for services and research, the letter stated.

It's a funding source that has been threatened by cities such as Spokane Valley, Spokane and Moses Lake, all of which have drafted ordinances to deal with street panhandlers.

"We're really concerned about the integrity of our event, so city by city we're going through and trying to help them amend ordinances to control this and make sure everybody's operating safely," said Jana Worthington, who introduced herself to council as the executive director of the Muscular Dystrophy Association in the local area.

The MDA successfully prompted an ordinance change in Spokane Valley and has since held a successful Fill the Boot fundraiser there, Worthington said.

But Moses Lake city attorney Katherine Kenison raised several concerns about such a change, which she said would run counter to state law and open the city to potential litigation.

"The law is clear in Washington that if you own and operate streets your primary duty is to provide for the safe travel of the people using the streets," Kenison told council. "What they're asking is to allow what I consider to be an inconsistent use in the middle of traffic - pedestrians."

Kenison went on to say no agreement with fundraising groups would assure the city's insulation from a legal challenge if either a pedestrian or driver were harmed.

Additionally, if the ordinance was amended any non-profit group could make the case they too should be able to promote fundraisers in the street, from Girl Scouts to kids holding car washes, Kenison said.

"It's people entering into the public right of way to conduct whatever business they're trying to conduct," she said. "The underlying premise for cities taking a stand against that type of activity is that it's dangerous...(Groups) can still solicit, but they can't enter the portion of roadway reserved for cars."

David Curnel reminded his fellow council members the issue was already discussed before they passed the ordinance in the spring.

"I distinctly remember that we discussed the MDA issue and we understood that it would stop if we passed the ordinance," he said. "I'm not sure why we're revisiting it."

The council ultimately took no action to amend the ordinance.