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Councilor: ACLU settlement won't deter panhandling proposal

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The city of Indianapolis reached a settlement with the American Civil Liberties Union over enforcement of its panhandling ordinance, but that won't deter a City-County Council effort to pass a more restrictive law, a councilor said Wednesday morning.

“Ultimately, I see that this helps more than hinders,” Republican City-County Councilor Jeff Miller said of the ACLU settlement, in which the city agreed to drop citations against four people who were holding signs outside Circle Centre last August. The agreement was filed Friday and reported by The Associated Press on Tuesday.

Police told them to stop their activity, which was legal under current ordinances and protected by the First Amendment, ACLU of Indiana Legal Director Ken Falk said.

The city can keep enforcing an ordinance against panhandlers who beg from people in their cars, Falk said, because the existing ordinance applies to all forms of solicitation in roadways and 50 feet from intersections. He said the city misapplied the code when it tried to crack down on people whose signs were aimed at downtown pedestrians.

Miller and Democrat Vop Osili have been working for the past year on a proposal that would apply to begging from pedestrians, and Miller believes it will stand muster in court because it's similar to the existing ordinance on soliciting in roads.

“It’s focused on public safety," Miller said.

Under the proposal, all forms of solicitation, including holding signs, shaking cups and performing for tips, would be banned within 50 feet of financial transactions, as well as pedestrian intersections. Using that criteria, it would affect a large chunk of downtown.

The ordinance would apply to ATMs, banks, parking-meter pay boxes and outdoor cafes.

Miller thinks a court would uphold the new ordinance because it doesn’t try to regulate a form of speech.

“It doesn’t matter how you solicit,” Miller said. “If you’re soliciting, you need to be a safe distance from a financial transaction.”

A proposal was pending before a council committee last year, but Miller withdrew it in January to allow time for more feedback from stakeholders and to start from scratch with cleaner language. He said Osili will sponsor the new proposal, which could be introduced to the council as early as May.

“There were a lot of First Amendment problems with the ordinance that was being considered late last year,” Falk said. “We were prepared to sue if it had passed.”

Miller said he sought but didn't receive feedback from the ACLU.

Falk said one specific problem with the last proposal is that it would have banned solicitations anywhere in the city between 8 p.m. and 8 a.m. Miller said the time-of-day language won’t be in the next proposal.
 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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