ACLU Files Class Action Lawsuit
Challenging Anti-begging Law
FOR IMMEDIATE RELEASE
July 23, 1996
The American Civil Liberties Union (ACLU) filed a lawsuit today in federal court to challenge the constitutionality of a Colorado statute that makes it a crime to loiter "with the purpose of begging."
The lawsuit, Jones v. City and County of Denver, was filed on behalf of a class of homeless individuals who wish to sit or stand along the public way and display signs that ask passers-by for assistance. Plaintiff James Wesley Jones was charged with violating the Colorado statute in April as he displayed a sign that said "Homeless, hungry, and ugly but willing to work." Plaintiff Stella Mae Corder received a similar citation in July. Two additional plaintiffs have received warnings from Denver police officers.
The charge against Corder was dismissed Monday, and the charge against Jones was dismissed last month. The lawsuit asks the federal court to declare that the statute is unconstitutional and to enjoin the Denver police from enforcing the statute in the future.
"The Colorado statute violates our clients' constitutional right to freedom of expression," said Mark Silverstein, ACLU Legal Director. "The First Amendment protects their right to stand peacefully with a sign that appeals to the conscience by explaining that they are homeless, that they are hungry, and that they would be grateful for assistance from people who pass by."
In recent years a number of courts have recognized that begging is expression that is protected by the First Amendment. A New York law that is almost a carbon copy of Colorado's law was declared unconstitutional by the Second Circuit Court of Appeals in 1993. Loper v. New York City Police Department, 999 F.2d 699 (2d Cir. 1993).
Some communities have attempted to take these decisions into account by targeting only what has been called "aggressive panhandling." The Colorado statute, however, does not make any distinctions.
"Our clients sit quietly and peacefully with their signs along the roadside," said Jerry Gordon of Boulder, who is working on the lawsuit as an ACLU cooperating attorney. "They don't obstruct the public right-of-way; they don't initiate conversation; and they don't bother anyone. If the law banned only aggressive panhandling, there is no way that it would apply to our clients."
"There is no good reason to enforce this law against poor people who are quietly asking for help," added Silverstein. "The law doesn't make any sense. People can stand by the roadside and sell flowers or hawk the local newspaper; they can advertise a garage sale or a car wash sponsored by their church group; they can display signs that support a candidate, protest a tax increase, or cheer on the hockey team. But this law forbids poor people to display a sign that asks the public for help. It is just plain mean-spirited to enforce this state statute against homeless people who may be depending on charity for their survival."
The ACLU will ask the City to agree to stop enforcing the law while the lawsuit is pending. If an agreement can't be reached, Silverstein said, the ACLU will ask for a preliminary injunction.
The anti-begging law is section 18-9-112(2)(a) of the Colorado Revised Statutes.
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