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In Fall River Case, SJC Declares Panhandling Law Unconstitutional
A state law that prohibits certain people from asking motorists for money along the roadway was struck down Tuesday by the Massachusetts Supreme Judicial Court.
The anti-panhandling law violates the First Amendment to the U.S. Constitution and the Massachusetts Declaration of Rights because it is a content-based regulation of protected speech in a public forum that cannot withstand strict scrutiny, the SJC wrote in its decision.
The case got its start in Fall River with two homeless plaintiffs – John Correira and Joseph Treeful – who were issued dozens of criminal complaints in 2018 and 2019 after standing with signs and accepting money from motorists. Fall River Police in those two years issued around 150 complaints against roadway solicitors under the law known as Section 17A.