District Judge Keith Watkins made the comments while issuing an injunction that prevented the enforcement of both laws — one prohibiting loitering to beg and the other prohibiting solicitation on a road — from being enforced. Federal Judge Keith Watkins said laws against begging and petitions are likely to be considered violations of free speech. “They have shown that they have been deprived of their First Amendment rights by solicitation and begging laws, which criminalize manipulation and arguably constitute unconstitutional restrictions on protected expression,” Watkins said. The settlement serves as a solution to a lawsuit filed in February by splc, Alabama`s ACLU and the National Homelessness Law Center on behalf of those who exploit Panhandle. The organizations challenged the application of two state laws that prohibit anyone from “begging” or “advertising” and fining or imprisoning those who do. “Hundreds, if not thousands, of people are arrested or fined every year in Alabama for these inhumane and unconstitutional laws. Homeless people need help, but instead we arrest them and fine them they can`t pay. While the court`s decision only applies to the Montgomery Sheriff and state police, this decision should be a wake-up call for sheriffs and police departments across the state that they can face prosecution if they don`t immediately stop criminalizing people experiencing homelessness and panic. “The City of Montgomery is doing the right thing by ending the enforcement of Alabama`s inhumane and unconstitutional laws that criminalize homelessness and poverty,” said Ellen Degnan, SPLC staff attorney. Housing, not handcuffs, is the way to end homelessness. While the terms of this agreement – if properly implemented – will help people swinging within the city limits of Montgomery, there are still thousands of Alabamians who continue to run the risk of being detained or fined simply for asking for help. Panhandling laws, including Alabama`s law criminalizing begging, have their origins in vagrant laws designed to criminalize African Americans after the Civil War.* Discriminatory effects continue to this day, with people of color disproportionately affected by laws targeting people who practice panhandle due to a lack of stable housing or access to resources.
The City of Montgomery, one of the defendants in the lawsuit, settled its portion of the case in November when it agreed to stop stopping arresting and fining people for violating both laws while the court ruled on their constitutionality. The lawsuit concerns a state law that prohibits strolling in a public place for begging purposes, and another state law that prohibits standing on a highway or road to solicit donations. Two laws in Alabama currently make it illegal to pivot in public or ask for help in any way. It prohibits “walking” in an area for the “purpose of begging” under a loitering law; The other prevents people from asking for “a job, a business or contributions” when standing on or near a highway. The “solicitation” law regarding roads leads to more citations in Montgomery. The city will immediately stop arresting or fining people who deal with Panhandle. In addition, the City will waive all unpaid handling fees and waive any fines and unpaid costs due. “Enforcing state laws and local ordinances that criminalize the manipulation of the homeless violates the First Amendment,” said Randall Marshall, executive director of the American Civil Liberties Union of Alabama. “We hope that government officials will be attentive and find better ways to combat homelessness in Montgomery.” Jonathan struggles with chronic conditions – including kidney failure and diabetes – that make it difficult to maintain stable employment, housing and health care. As a result, he relies on the help of others to survive.
The lawsuit was filed on behalf of Jonathan and others who operate Panhandle. SpLC statement when Montgomery repealed part of the panhandling law with new Mayor Steven Reed. Some cities have also voluntarily repealed, or at least revised, their panhandling law to ensure that it is less about content than a certain type of behavior, such as slowing down traffic at a particularly busy intersection. U.S. District Judge Keith Watkins issued a preliminary injunction last week that prevented the defendants in the case — the Alabama Law Enforcement Agency and the Montgomery County Sheriff`s Department — from enforcing the laws while the case is pending.