The ruling came after the Alabama Law Enforcement Agency conceded that the appellate court ruled similar laws violate a person's right to free speech.
MONTGOMERY, Ala. — A federal judge last week struck down Alabama laws against panhandling, ruling that the statues are unconstitutional.
The decision ended litigation filed in 2020 challenging the laws on behalf of people who had been ticketed or jailed for panhandling in Montgomery. Legal groups that filed the lawsuit said the laws criminalized poverty. “Criminalizing the solicitation of charitable donations does nothing to advance public safety. Instead, it multiplies already existing barriers for people experiencing homelessness. This can include unaffordable fines and fees, the loss of their freedom through incarceration and a criminal record – all of which are obstacles to obtaining housing and economic security.”
"The First Amendment was not originally understood to require the government to permit panhandling on public ... even so, that begging is entitled to First Amendment protection is currently the law of this circuit," state attorneys representing Alabama Law Enforcement Agency Secretary Hal Taylor wrote.aimed at preventing people from loitering on public highways, which could be a new avenue to target panhandlers.
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