The Grand Rapids Press 02/16/12 – John Agar
“Panhandling is protected speech, ACLU attorney tells federal judge in Grand Rapids”
The attorney for two men challenging the state’s panhandling law was encouraged this afternoon after a federal judge suggested that peaceful begging could be protected by the First Amendment.
Attorneys for the city of Grand Rapids and state of Michigan argued that the state had legal and valid reasons for the ban, but U.S. District Judge Robert Jonker said: “We have yet to identify a case that says, ‘You’re right.’”
In court, she said the ban “is a content-based restriction on speech in a public forum, and is subject to the highest level of scrutiny. Here, what a person says determines their guilt or innocence.”
Jonker, who expects to file a written opinion once both sides have the chance to file additional briefs, asked lawyers for the city and state why a homeless person asking for money is any different than, say, a fireman approaching others with a boot asking for charitable donations.
Ann Sherman, an assistant state attorney general, insisted the case wasn’t about speech, but a ban on solicitations for “immediate donations (under) duress, coercion and fraud.”
Sims said he was hopeful after listening to the arguments.
“I don’t harass people. I’m basically, ‘Hey, can you spare a little change?’ If you can’t, go on your business.”
Common Sense Review
Arg! The Comments from the Fed Judge seems to have his mind made up. The distinction between freedom of speech and freedom of action needs to be defined. Begging or panhandling is an action.
Are we seeing judicial activism? Judge Jonkers questioning City and State attorney on the difference between homeless panhandlers and the firefighters raising fund for charity, shows that he doesn’t a distinction.
Street people in Grand Rapids have more organizations to help with basic care. God’s Kitchen, Degage, The Mission, Thresholds and Mel Trotter offer programs to help those in needs. So why these people begging and what are they doing with the money?
What is not told is that both men are not homeless. Sims even says “I don’t harass people” but his arrest record shows four arrests for trespassing. So he doesn’t recognize a person’s right to private property.
James Speet has been arrest twice for Assault and Battery, Operating while intoxicated and Engaging in Illegal business or Occupation.
These two men show through their actions that they have an aggressive nature toward others.
Which brings me to the issue, are the right of those who don’t respect our US laws more important than the society as a whole?
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