Panhandlers who ask for change from people who are waiting in line
for food, at an ATM or who act overly aggressive could be fined and face
jail time under a new city ordinance set to go into effect (in Detroit) next
month.
A panhandling ordinance was approved July 31 following a
request from the Detroit Police Department. The city has lacked an
anti-begging ordinance since 1996 when a Recorder's Court judge affirmed
an earlier decision that struck down a one-sentence ordinance that said
anyone who begs is guilty of a misdemeanor.
The city joins at least two Metro Detroit communities that have changed their anti-panhandling laws.
The
new Detroit law is more specific, repealing the invalidated version and
spelling out what a person can and can't do when asking for money. And
it's gathered an unusual ally — the American Civil Liberties Union of
Michigan. The ACLU sued the state last year over a longstanding
statewide law that prohibits begging — which the ACLU says is overly
broad and unconstitutional. A judge's ruling is pending.
"All over
the country, courts have recognized that begging in a public place is
generally protected by the First Amendment because it's a form of
solicitation for charity," said Dan Korobkin, ACLU of Michigan staff
attorney. "Detroit ought to be commended in taking steps to improve
their city code when parts of it are either outdated or have fallen
behind the times in terms of protecting constitutional rights."
Tuesday, August 21, 2012
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