Judge Debates Dismissing Panhandling Lawsuit

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Updated: 6:36 PM Sep 13, 2011

Newsplex/AP

A federal judge is deciding whether to dismiss a lawsuit brought by five panhandlers against the City of Charlottesville challenging the city's ordinance that restricts panhandling on parts of the Downtown Mall.

Posted: 10:35 AM Sep 13, 2011
Reporter: Jessica Jaglois
Email Address: jessica.jaglois@newsplex.com

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September 13, 2011

A federal judge is deciding whether to dismiss a lawsuit brought by five panhandlers against the City of Charlottesville challenging the City's ordinance that restricts panhandling on parts of the Downtown Mall.

When presented Tuesday morning with what lawyer Jeffrey Fogel called "a literal interpretation" of the panhandling ordinance U.S. District Judge Norman K. Moon said it was the stupidest thing he'd ever heard.

Fogel argued that the City's panhandling ordinance, enacted last year, violates the first amendment rights of his clients. He believes the law singles out beggars and puts unfair restrictions on them.

Judge Moon responded saying the panhandlers don't have a right to bother someone while eating lunch, and that Fogel is trivializing the First Amendment.

Fogel disagreed, giving the following example:

"If I go up and ask a friend of mine for a glass of water, it's a crime in Charlottesville to do that from someone at a seated outdoor café. Now the police may not enforce the law that way, but that's exactly what the law says."

The ordinance prohibits aggressive panhandling or soliciting of customers sitting at outdoor cafes or within 50 feet of two streets - 2nd Street SE and 4th Street NE - that cross the busy pedestrian mall. It doesn't allow panhandlers to make physical contact or intimidate someone on the mall. However, it also doesn't allow some forms of what is called passive panhandling, like holding up a sign.

"I'm not intimidating you [by holding a sign]. You may not like to see me, you may not like to see my sign, but I have a right to be there just as you have a right to be there," Fogel argued.

The American Civil Liberties Union of Virginia contends the ordinance unconstitutionally restricts freedom of expression in a public venue.

The ACLU said it has challenged similar ordinances restricting begging or roadside solicitations in Richmond, Herndon, Newport News and Hampton. It says most of those proposals were either amended or abandoned.

Latest Comments

Posted by: Justice on Oct 30, 2011 at 10:34 AM

Maybe you guys should sit back & listen to the words of Randy Newman's "Short People". If your wealth hasn't increased your density perhaps a lesson will unfold ;)

Posted by: Justice on Oct 30, 2011 at 10:32 AM

And to those that criticize what the beggers spend thier money on, since when did it become ok to control people & how they spend thier money? Why is it ok for you & your friends to grab a few drinks to relieve some stress or frustration yet the homeless can't? Do you dare think that your life is more stressful & you deserve to drink more than they? As well, of course, who is anyone to judge anyhow? It's quite obvious the "c'villians" have drawn a line of segregation in the social class & are more than prejudice against the poor.

Posted by: Justice on Oct 30, 2011 at 10:25 AM

2nd of all, for all of you that have cushy, well-paying jobs, those that have to work blue-collar, manual labor jobs often get injured. When that happens they turn to the people who are supposed to help them, the gov't. They then file for disability in which the gov't makes them wait, potentially, for years all the while mandating they can't obtain a job. So being caught in that catch 22 what other option do they have than to beg?

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