It's not the same situation. I'm not conducting business and neither is the homeless person who asks me for something. No one is selling anything. I know it's a tough concept for some in a society where the only legitimate transactions are those in which the profit motive is operational but asking someone for help is not a business transaction. It's free speech. Likewise, GIVING something away is also a free act. If someone is obstructing traffic for whatever reason, let the cop deal with that particular situation.