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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. ....
All Solicitors Should Be Banned From the Roadways [OPINION] The Massachusetts Supreme Judicial Court has ruled that Fall River s ban on begging for money from people in cars is unconstitutional. Police say they will adhere to the decision. We ve all seen them – beggars, who stand in the median or on corners soliciting donations from folks who are held hostage by red lights. They are a blight and should not be allowed. They are also a safety hazard for motorists who have enough to contend with on the road. WBSM News reports the Supreme Judicial Court has ruled that the state law banning solicitations by those who claim to be in need is a violation of the First Amendment. ....
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 do ....
Commonwealth Avenue neighbor Gina Hutchins said on Thursday s Zoom meeting that she has to wait 15 minutes sometimes to drive in and out of the neighborhood. On Fridays, Saturdays and Sundays, the city has been sending police details to direct traffic to and from the dispensary. Fall River Police Chief Jeffrey Cardoza said Friday that the traffic details will continue, but he’ll be looking to other community police department to take on some of the details. Finance Director Mary Sahady said after the meeting that the details will be paid for through the impact fee the city receives from the pot business about $100,000 a month. ....
State, federal, and city police executed a search warrant at 313 Sunset Hill in Fall River last Friday and seized more than three kilos of cocaine, nearly 55 grams of crack, loose fentanyl and fentanyl pills, a stun gun, and more than $9,000 in cash. Milton Bertrand, 48, of 313 Sunset Hill, was placed under arrest as a result of the Dec. 4 search. Sunset Hill is a Fall River Housing Authority property. Fall River Police “This is the largest drug seizure in department history, said Police Chief Jeffrey Cardoza in a statement. The Fall River Police Department Vice and Intelligence Unit joined the US Drug Enforcement Administration, the Commonwealth Interstate Narcotic Reduction Enforcement Team (CINRET), and a US Postal Service Inspector in executing the search. ....