The American Civil Liberties Union of Ohio filed a federal lawsuit against the city of Akron on Tuesday to challenge a law that requires the poor to register with police before asking passers-by for money.
The ACLU alleges that Akron’s panhandling laws violate the First Amendment’s free-speech protections because it specifically punishes poor and homeless people asking for help.
“The First Amendment provides the same protection to all of us,” ACLU volunteer attorney Joe Mead said in a news release. “It doesn’t matter if you are rich or poor, you have the right to express yourself in public spaces.”
The lawsuit, filed in U.S. District Court, calls the law unconstitutional and asks a judge to declare the law unfair, to block the city’s police from enforcing the law and to award damages, attorneys’ fees and other costs to panhandlers. The ACLU also seeks a preliminary injunction to stop enforcement efforts while the lawsuit is ongoing.
The ACLU filed the lawsuit after it didn’t receive a formal response to a cease-and-desist letter sent to the city’s mayor and council in January. Last month, council members met in executive session to discuss the ACLU’s threat of legal action.
“Freedom of speech prevents cities from censoring speech simply because a few people in the community would prefer not to hear it,” Mead said. “Silencing the speech of the poor does not solve poverty. Rather than trying to prevent individuals from speaking about their needs, public officials would be better served by trying to address those needs directly.”
Christine Curry, the city’s spokesperson, declined to comment Tuesday because the city had not been served with the lawsuit.
Akron’s ordinance requires panhandlers to register with the police department and undergo a background check. They’re then provided a badge with their name and photo, which they must display when asking for money. The ordinance restricts when and where a person can panhandle and prohibits a person from begging for a reason that isn’t true, such as falsely claiming to be homeless.
Panhandler reaction
A panhandler soliciting on Tuesday afternoon said she understands the law’s purpose, but she’s not supportive.
“In a way, the badges are good thing,” said 34-year-old Jessica, who declined to give her last name. “It shows you’re legit — not a sex offender or something. But at the same time, you’ve got people who can’t get them, and those people aren’t necessarily bad people.”
Jessica, with her badge hanging from a lanyard around her neck at Fountain and Perkins streets, said she struggles to find a job because she suffers from mental health issues.
Panhandling is some people’s main source of income. Jeromey Young is one of them.
“It’s hard for me to work because I have a bad knee,” Young said while holding a cardboard sign at Carroll and Goodkirk streets. “I’m not on welfare or assistance or anything, so this is my only income.”
Young, 41, sat in a chair with a cane resting against his knee. He hurt his knee playing football in high school, he said, so he can’t stand for very long. Many jobs he’s looked at applying for require long hours standing up. Instead, he’s been panhandling for about six months.
Young said he’s not registered with police because he heard on a TV news report that they aren’t required for everyone. As a result, he said he’d been “harassed” by an officer earlier Tuesday.
“I know what I can and can’t do. I told her I was allowed to be here,” he said. “So she got mad and drove off.”
Young and three other panhandlers said they’re also harassed regularly by a police officer.
“I try to tell him I’m allowed to be here, but he just says no I’m not,” said Daniel Powell, whose badge hung from a cardboard sign in his hands. “I don’t have to get this license, but I do anyway so I don’t get harassed.”
A concern for years
Panhandling has been viewed as a major issue in Akron for several years.
The Akron City Council in 2011 discussed outlawing panhandling within 100 feet of an intersection. Instead, about a year later, the city asked police to beef up enforcement of already existing laws, such as a prohibition from soliciting in the street or on the highway.
Lawyers for the city studying potential changes to the panhandling ordinance were wary of the potential for a First Amendment lawsuit. Assistant Law Director Stephen Fallis told the Beacon Journal in 2011 that the city must walk a fine line in trying to protect public safety while not infringing on constitutional guarantees of free speech.
Beacon Journal readers pointed to panhandling as one of the most pressing issues Akron faces during the 2015 mayoral campaign in which Dan Horrigan was chosen as the city’s new leader. Asked his thoughts on panhandling last October, Horrigan said: “I think we can do a better job of at least policing the [panhandling] identification requirements. I have seen people who don’t display their identification. This is their expression. It is a protected First Amendment right.”
Nick Glunt can be reached at 330-996-3565 or nglunt@thebeaconjournal.com. Stephanie Warsmith can be reached at 330-996-3705 or swarsmith@thebeaconjournal.com.