Little Rock, Arkansas – Arkansas Attorney General Tim Griffin is urging local law enforcement and government leaders to take a firmer stance against loitering along the state’s roadways, calling it a growing public safety issue that is no longer acceptable to ignore.
Griffin says the problem has reached what he described as an “unacceptable level” in many areas, especially in the state’s larger towns and cities. He pointed to intersections cluttered with trash and people standing or walking near roads for extended periods of time, sometimes stepping into traffic or exhibiting threatening behavior.
“I am calling on local law enforcement, and municipal and county leaders to begin enforcing our state’s loitering statute,” Griffin said in a public statement. “Act 255 of 2023 fixed the previous constitutional issues with the statute by removing the language at issue, and our law now prohibits individuals from loitering in a harassing or threatening manner, in a way likely to cause alarm to another person, or under circumstances that create a traffic hazard or impediment. This law is constitutionally sound, and local law enforcement should enforce it.”
Under Arkansas law, loitering is defined as remaining on public or private property in a way that is threatening, harassing, or causes others to feel alarmed. The law also covers behaviors that create traffic hazards, such as lingering near or stepping into busy streets.
Griffin emphasized that while the courts have previously protected panhandling under the First Amendment, the current statute is not about restricting speech but about ensuring safety for drivers, pedestrians, and the individuals loitering themselves.
“It’s one thing to simply ask people for help. It’s a very different thing to ignore and disregard the laws that keep our streets safe and orderly,” Griffin said.
In recent years, Arkansas communities have reported increasing concerns about public safety near intersections where people ask drivers for money, hold signs, or camp out for extended periods. Griffin believes this activity is often left unchecked because local leaders are hesitant to enforce loitering laws, partly due to past legal uncertainty.
However, Act 255, passed in 2023, aimed to clear that uncertainty by rewriting the state’s loitering statute. The law removed portions that were previously challenged in court and narrowed the focus to conduct that causes alarm or poses physical risk. Griffin says this updated version should give local authorities the confidence they need to enforce the law without fear of violating constitutional rights.
Though the attorney general’s statement focused on public safety, some advocacy groups may raise concerns about how the law will be applied and whether it could lead to the targeting of vulnerable populations, including the homeless. As of now, Griffin did not propose any new legislation but instead is asking for existing laws to be more actively enforced.
The attorney general’s call to action reflects a broader trend among state officials who are seeking to address quality-of-life and safety concerns that have emerged in urban areas. Whether cities and counties across Arkansas will respond with increased enforcement remains to be seen, but Griffin made it clear he believes the time for action is now.
“There’s a legal tool available, and there’s no reason not to use it,” Griffin said.
As communities consider how to balance individual rights with public safety, the discussion over loitering and its impact on Arkansas roadways is likely far from over.
