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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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  1. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  2. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

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