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City of Fall River being sued for crackdown on panhandling

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According to a press release, the ACLU of Massachusetts, with the firm McCarter & English, today filed a lawsuit against the City of Fall River, challenging the city’s use of a state statute. According to the lawsuit, the City of Fall River aggressively enforces a state law making it illegal for people to ask for money for their own support on public roads.

During 2018 and into 2019, members of the Fall River Police Department have filed more than 150 criminal complaints against panhandlers according to the group. The ACLU lawsuit was filed on behalf of the Massachusetts Coalition for the Homeless and two Fall River residents currently experiencing homelessness; John Correira and Joseph Treeful have been targeted for standing by the side of roads with signs and accepting donations from nearby drivers says the ACLU.

“Asking for help is not a crime,” said Carol Rose, executive director of the ACLU of Massachusetts. “Courts throughout the country have ruled that this speech is protected under the First Amendment. This Massachusetts law and Fall River’s enforcement of it are unconstitutional attacks on free speech that prey on those who are most vulnerable.”

The Massachusetts statute targets people asking for money from vehicles on public roads. The statute exempts selling newspapers or, with a permit, other items. It also exempts requests for charity made by nonprofit organizations. The ACLU lawsuit argues these requests for help are constitutionally-protected, and Fall River’s enforcement is therefore unlawful.

“A ban on asking for money is a misguided punishment for being poor,” said Ruth Bourquin, senior attorney at the ACLU of Massachusetts. “Under this statute, if someone holds up a ‘Newspapers for sale’ sign next to a roadway, the request for funds is lawful. If a sign says ‘Save the whales,’ the request is lawful if the sign seeks money for an organization with a permit from local police. But if a sign says ‘Homeless – anything helps,’ the request is strictly illegal. That’s offensive to the Constitution and to the values we hold as a Commonwealth.”

The ACLU of Massachusetts challenged two “anti-panhandling” Worcester ordinances in 2013, and a similar Lowell ordinance in 2014. In 2015, two federal judges sided with the ACLU and struck down the Worcester and Lowell ordinances as unconstitutional.

20190328_mch_v_fall_river_complaint

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2 Comments

2 Comments

  1. Michelle Perry

    March 29, 2019 at 1:07 pm

    Sad to say alot of these ppl do it for drugs I worked at a store and ringing out a customer and the first lady in line (elderly) didn’t want to go outside to her car cause this girl who was well known to ask for money was outside begging for money .The customer behind her said thats my neighbor she’s not homeless her and her husband have ppl in and out all times of the day and they have two children who go to school with mine I later find out by another customer those two ppl were robbing GPS and cell phones they tryed to collect money at his store one timefor the stuff he refused ..another incident with a differnt panhandlers was at dunkin donuts on the ave a friend of mine was in a car lady approached with a walker with her legs twisted like she was crippled and asked for money ..my friend was curious watched her ..saw her go the street over took her walker over to a car normal no twisted legs opened the trunk put the walker in and left these ppl are scared to approach stores the elderly are nervouse about ppl approaching them for money . if you feel bad give them food and drinks NOT MONEY a real homeless person will be very grateful for it

  2. ryan conner

    March 29, 2019 at 2:35 pm

    Treeful is a known drug addict.

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