Challenge to Grand Junction Anti-Panhandling Ordinance

ACLU lawyers filed suit in federal court just five days before Grand Junction's new panhandling ordinance was scheduled to go into effect.

In March 2014, the City of Grand Junction adopted an anti-panhandling ordinance that banned a wide swath of speech that is protected by the First Amendment. Although Grand Junction officials claimed that the ordinance aimed only at “aggressive” panhandling, most of the provisions are written so broadly that they also apply to peaceful, non-intrusive requests for assistance, such as a person sitting silently with a sign seeking a donation. The law prohibits all panhandling after sunset and in any of a dozen additional locations and situations specified in the ordinance, such as within 100 feet of a bus stop or a school.

ACLU lawyers filed suit in federal court on March 18, five days before the new ordinance was scheduled to go into effect. Plaintiffs are a street performer, four additional individuals, and Humanists Doing Good, a nonprofit organization. They were later joined by additional intervenors, including Greenpeace. All the ACLU clients engage in peaceful expression that the new ordinance unjustifiably makes a crime punishable by up to one year in jail.

On March 19, the court issued a temporary restraining order barring enforcement of just one part of the ordinance. Brown v. City of Grand Junction, 27 F. Supp. 3d 1161 (D. Colo. 2014). On April 2, Grand Junction repealed the challenged ordinance and replaced it with a revised anti-panhandling ordinance, which then became the focus of the litigation. The Chief of Police agreed to refrain from enforcement while the litigation proceeded.

On September 30, 2015, the court issued a definitive ruling holding that Grand Junction’s ordinance violates the Constitution. Brown v. City of Grand Junction, 136 F. Supp. 3d 1276 (D. Colo. 2015). In response, in the following months, numerous Colorado cities repealed or substantially revised their anti-panhandling ordinances.

“As Panhandling Laws Are Overturned, Cities Change Policies,” Wall Street Journal, August 8, 2017

“Aurora City Council gives initial OK to new panhandling laws targeting ‘aggressive’ beggars,” Aurora Sentinel, November 9, 2015

“Supreme Court ruling puts panhandling laws in doubt,” Durango Herald, November 1, 2015

"Denver proposes rollback of panhandling rules in response to rulings," The Denver Post, October 20, 2015

“ACLU Derails ‘Aggressive’ Anti-Panhandling Laws in Colorado,” Colorado Public Radio, October 8, 2015

“Boulder Panhandling Laws Given Some Change,” About Boulder, October 7, 2015

“Colorado panhandling bans on hold after federal decision,” Fort Collins Coloradoan, October 6, 2015

“Boulder suspends panhandling enforcement as City Council weighs revisions,” Daily Camera, October 5, 2015

"Denver police ordered to stop enforcing city's panhandling ban," The Denver Post, October 2, 2015

"A monkey wrench in cities' panhandling laws," Denver Post editorial, October 2, 2015

“Court shoots down Grand Junction panhandling ordinance,” Colorado Independent, October 1, 2015

“ACLU Unimpressed By Colorado City Anti-Begging Law,” CBS News, April 18, 2014

“Grand Junction Rethinks Panhandling Law,” CBS News, April 3, 2014

“ACLU files claim against GJ anti-panhandling law,” Post Independent, March 24, 2014

“Lawsuit filed over Grand Junction panhandling,” Washington Times, March 20, 2014

“Lawsuit filed by ACLU Colorado over Grand Junction’s panhandling law,” The Denver Post, March 19, 2014

“Grand Junction passes law that limits panhandling,” Gazette, February 21, 2014