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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. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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