The American Civil Liberties Union of Wisconsin urged Madison to repeal an ordinance banning panhandling on State Street and around the Capitol Square on constitutional grounds.
Madison’s City Council passed an ordinance Sept. 18 that banned panhandling within 25 feet of ATMs, sidewalk caf?s, intersections, alcohol establishments and the downtown business district. This ordinance was targeted specifically at State Street and received support from all but one member of the City Council.
ACLU of Wisconsin Senior Staff Attorney Karyn Rotker said in a letter to Mayor Paul Soglin and City Council members if officials refuse to repeal the ordinance, ACLU will consider all its legal options to move forward.
ACLU spokesperson Stacy Harbaugh said the ordinance is unconstitutional because it bans a certain form of speech.
Furthermore, Harbaugh said, panhandlers are not the only ones impacted by this ordinance. Salvation Army bell-ringers and other similar organizations will be prohibited from asking for donations in the downtown area.
“What’s important to remember is the First Amendment is one of our strongest protections for free speech, and what the government has to do is weigh the interest of the government to maintain order and the right of people to have free speech,” Harbaugh said.
The main reason the ordinance violates free speech, according to Harbaugh, is because in order for police to enforce it, they have to listen to the content of what people on the street are saying to see if it involves asking for money.
Ald. Mike Verveer, District 4, said upon the advice from the Madison City Attorney’s office, the city believes the new ordinance is consistent with the law and can be defended in court.
“Based on our attorney’s advice, we are confident the ordinance is legally sound and very much constitutional,” Verveer said. “I would be really disappointed if litigation was filed by the ACLU or others, but if that’s the case, the city would defend themselves against the lawsuit.”
Harbaugh said City Council’s desire to make State Street a more “pleasant” place to be by banning panhandling is not a strong enough argument to take away the free speech of others and punish them with a ticket or fine.
Aggressive behavior, public intoxication, harassment and intimidation are among the concerns city officials have with panhandling. But according to Harbaugh, those things are all already criminal behavior. She said this ordinance takes an unnecessary extra step by making it a punishable offense to simply ask for money.
Verveer said he supports keeping the ordinance in place because he represents an area where he receives regular complaints about panhandlers.
Harbaugh said ACLU is optimistic City Council will repeal the ordinance. She said it is possible the council did not know all the information about the ordinance when it was passed.
“Issues of poverty and homelessness are important to the mayor and we’re all trying to figure out what to do about poverty in our community, but banning panhandling is definitely the wrong way to go,” Harbaugh said.
