Another Decade, Another Chicago Panhandling Lawsuit

Less than nine years ago, the City of Chicago settled a lawsuit between homeless panhandlers and the city for $ 500,000, reports the Asssociated Press. The suit centered around a law that outright prohibited panhandling and its effect on protected commercial speech.

The city apparently did not learn its lesson, however. Though the previous ban was repealed and replaced with what are arguably reasonable restrictions, such as a ban of panhandling near ATMs, the law is just more than words on a page. There are laws and law enforcement officers.

A new lawsuit alleges that police officers would threaten, harass, or forcibly remove panhandlers from the predominantly-affluent Magnificent Mile portion of Michigan Avenue, reports the Chicago Sun-Times.

One panhandler claims that police told her that panhandling on that street was illegal due to thefts and tourism. Another was threatened with arrest if caught panhandling again.

If it proves to be true, the city could be in for another big financial hit. The First Amendment protects more than just political speech. It also protects commercial speech, though to a lesser extent than other speech. The speech must not be false, misleading, or advertising illegal or harmful activities. Examples could include advertising, or in the case of the two panhandling lawsuits, begging for money.

One remedy for an alleged violation of one's Constitutional rights is to file a Section 1983 lawsuit, which is the prescribed cause of action by Congress. The suit allows those who have had their Constitutional rights violated to seek damages in court, even without a traditional cause of action, like assault and battery.

The city declined to comment on the suit or its merits, as the City Attorney had not yet had a chance to review the lawsuit.

Related Resources:



Find a Chicago Personal Injury Attorney (FindLaw)

Michael Jordan Lawsuit May Have no Merit (FindLaw's Chicago Personal Injury Blog)

Freedom of Speech (FindLaw's LawBrain)

Section 1983 (FindLaw's LawBrain)

Panhandlers file federal lawsuit, claiming harassment by Chicago police (Chicago Tribune)


The Chicago Personal Injury Law Blog

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