Charlottesville Judge Norman Moon heard arguments Nov. 21 about Charlottesville’s restrictions on panhandlers.
City Council originally implemented a panhandling ordinance in August 2010 prohibiting “beggars” from soliciting any person seated in an outdoor cafe area or conducting business at outdoor vending tables. It also prohibits solicitation within 50 feet of Second Street and Fourth Street, citing public safety concerns.
A suit was originally heard in September 2011 on behalf of five homeless men, saying the restrictions constituted a violation of their first and fourth amendment rights. A District Court dismissed the case in January 2012, but an appellate court reversed the decision and returned the case to the lower courts.
In this re-introduction of the case, Jeff Fogel, an attorney with the American Civil Liberties Union, will argue that the ordinance infringes upon panhandlers’ rights to free speech.
“Ultimately, the city passed an ordinance in order to diminish the number of poor people in the Downtown Mall,” Fogel said. “Begging is a right to free speech and the city has no right to pick and choose who has the right to speak on the Downtown Mall.”
Fogel said he has been outraged ever since the ordinance passed in 2010. After speaking with the Council, he chose to take action.
“The city claims that it’s a public safety issue, but the fact of the matter is that the city’s argument makes no sense,” he said. “The city has tried to ban panhandlers in the past on behalf of the downtown businesses. They claim that they take away from their business, and I get that. But there’s a little thing in the way called the Constitution.”
Because the case is an ongoing court matter, the city declined to comment.
A ruling is expected to be released within the next several months. Fogel said that in all likelihood he will appeal if the judge rules against the ACLU’s argument.
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