Claiming Police Harassment, Chicago Panhandlers File First Amendment Lawsuit
By Chuck Sudo in News on May 29, 2012 5:25PM
That is not an Onion headline. Eight panhandlers have filed a class action federal lawsuit against the city of Chicago, claiming that they've been subjected to police intimidation, chased away from prime touting space on Michigan Avenue's Magnificent Mile and threatened with arrest.
Chicago's 2004 panhandling ordinance prohibits "aggressive panhandling:" panhandlers cannot ask for money within 10 feet of ATMs, bus stops, banks and currency exchanges; they may not solicit in restaurants, gas stations and sidewalk cafés; panhandlers are not allowed to use profanity, be rude and no touching is allowed; and two or more panhandlers cannot ask one person for money simultaneously.
The panhandlers contend that what they do is protected by the First Amendment, so long as they adhere to the restrictions in the ordinance. Panhandler Kim Pindak told the Chicago Sun-Times she was chased from her spot at Michigan Avenue and Delaware Place April 22. Pindak said a female officer told her panhandling was made illegal on the Mag Mile because it was "a tourist spot" and there have been "too many thefts." Another panhandler, McArthur Hubbard, said he was threatened with jail numerous times by police for asking for money at Michigan Avenue and Pearson Street.
In 1991 the city had to settle a lawsuit stemming from a law that banned all panhandling. Chicago Law Department spokesman Roderick Drew said he couldn't comment on the suit because the City Corporation Counsel hadn't yet seen it.