After Fall River arrests, anti-panhandling law ruled unconstitutional by Massachusetts Supreme Judicial Court
Updated Dec 15, 2020;
The Massachusetts Supreme Judicial Court issued a decision Tuesday deeming a state statute banning panhandling unconstitutional, ruling that homeless people can ask for donations on public roads just like anyone else.
In a 23-page decision authored by Justice Barbara Lenk, the SJC states the statute infringed upon the individuals’ First Amendment rights. Lenk called the law both overly broad and “underinclusive”, targeting protected speech while failing to target activities that could affect traffic safety.
“There can be little doubt that signaling to, stopping, or accosting motor vehicles for the purpose of soliciting donations on one’s own behalf poses no greater threat to traffic safety than engaging in the same conduct for other non-prohibited or exempted purposes, such as gathering signatures for a petition, flagging down a taxicab, selling newspapers or soliciting donations for a nonprofit organization,” Lenk wrote.