The City of Madison could face legal action from a Wisconsin group for placing an official ban on panhandling on State Street, which the group called a violation of the First Amendment.
The American Civil Liberties Union of Wisconsin sent a letter to Madison Mayor Paul Soglin and City Council Monday stating the group “strongly” urges reconsideration of the panhandling ban, which Council passed at its Sept. 18 meeting.
ACLU Senior Staff Attorney Karyn L. Rotker said in the letter the city has no constitutional right to ban panhandling, especially if it is because “some residents and visitors might prefer not to see or hear the messages of panhandlers.”
“The government does have a legitimate interest in protecting citizens from intimidation and harassment,” Rotker said in the letter. “We do not object to reasonable restrictions on aggressive panhandling.”
Officials had a number of city attorneys reflect and look upon the policies before the city placed the ban, according to Ald. Scott Resnick, District 8.
Resnick said the city Council put forward legislation that would be protected in a legal dispute.
“I very much respect the opinions of the ACLU,” Resnick said. “In this case our city attorney and our legal council have a differing opinion on the matter.”
According to Resnick, the panhandling ban was “not an easy decision by any means.”
“There was a committee that actually opposed the ordinance, although it eventually did support it,” Resnick said. “This was not a decision I was championing about by any means.”
