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ACLU alleges IMPD officers infringed panhandlers’ free-speech rights

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The ACLU of Indiana has filed a federal lawsuit claiming the city of Indianapolis and Indianapolis Metropolitan Police Department officers violated the free speech rights of indigent panhandlers ordered to move from near Circle Center Mall last week.

The suit filed on behalf of four Indianapolis residents seeks class status for people who panhandle in the mile square downtown bound by North, South, East and West streets. “The class is so numerous that joinder of all members is impractical,” the suit says. Named plaintiffs are Tina Morris, Melissa Peppers, Brenton Fordham and Fred Correll.

The plaintiffs say they passively requested contributions in compliance with state law and local ordinances but were cited, ticketed or ordered to move by four IMPD officers between  Aug. 12 and Aug. 14, ahead of one of downtown’s busiest weekends.  

According to the suit, IMPD officers ticketed or ordered panhandlers to move even though plaintiffs say they were engaged in lawful activity. At least one plaintiff says an officer said the city was “in the process of passing a law that would prevent persons from engaging in the conduct in which she was engaged.”

The suit was filed Friday. Indianapolis Corporation Counsel Andy Seiwert had no comment Monday. He said the city was aware of the suit but had not been served.

The Indianapolis City-County Council has tabled a proposed ordinance restricting panhandling downtown, and the suit notes the proposal is “widely reported as being dead.”

“The First Amendment protects the rights of all people to ask for contributions, whether they are seeking political donations or asking for assistance for poor people on city sidewalks,” ACLU of Indiana legal director Ken Falk said in a statement. “This case seeks to vindicate a right that is fundamentally important for all.”

 

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  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

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