NEWS

Panhandling ordinance deemed unconstitutional in court order

Posted 4/21/21

By HERALD STAFF The long-running legal fight over a 2017 Cranston ordinance amendment aimed at curbing roadside solicitation, or panhandling, in the city has reached a conclusion. The American Civil Liberties Union of Rhode Island on Tuesday announced

This item is available in full to subscribers.

Please log in to continue

E-mail
Password
Log in
NEWS

Panhandling ordinance deemed unconstitutional in court order

Posted

The long-running legal fight over a 2017 Cranston ordinance amendment aimed at curbing roadside solicitation, or panhandling, in the city has reached a conclusion.

The American Civil Liberties Union of Rhode Island on Tuesday announced that U.S. District Court Chief Judge William Smith has signed a consent judgment “barring the City from enforcing [the ordinance] or enacting any similar ordinance.”

In a statement, Lynette Labinger, a cooperating attorney with the ACLU called Tuesday’s development a “significant victory for the exercise of First Amendment rights.”

“Our lawsuit established beyond question that there is simply no valid ‘public safety’ basis for interfering with a person’s constitutional right to leaflet or to ask for help from other members of the public. We applaud the City’s new administration for recognizing this fact and agreeing to end efforts to criminalize asking for financial assistance on city streets, sidewalks and medians.”

Added ACLU of Rhode Island Executive Director Steven Brown: “Anti-panhandling ordinances serve only to criminalize poverty. The ACLU is hopeful that this consent judgment will mark the last attempt by municipalities across the state to punish those who peacefully seek to exercise their First Amendment right to solicit financial support from strangers.”

The panhandling issue has been the subject of debate and legal challenges in Cranston for several years.

In 2016, the city and the ACLU reached a settlement over an ordinance prohibiting roadside solicitation. That settlement resulted in the city ceasing enforcement of the measure.

Then, in 2017, the ACLU filed a lawsuit over an ordinance amendment approved by the City Council that sought to prohibit the passing of money or other items between the occupants of vehicles and people within roadways. Smith subsequently halted the city’s enforcement of that measure through a temporary restraining order, and the case had been ongoing since.

The Herald will provide additional coverage in next week’s edition.

panhandling, ordinance

Comments

No comments on this item Please log in to comment by clicking here