The federal district court for Massachusetts has struck down an ordinance that banned panhandling in Lowell. The 2013 ordinance covered all of the city’s 400-acre historic center, as well as within 20 feet of banks, ATMs, public restrooms, bus stops, and other public places throughout the city.
The court ruled both of those provisions violated the First Amendment. Matthew Segal is legal director for the ACLU of Massachusetts, which challenged the ban on behalf of two homeless men.
“This is a resounding victory for free speech, and especially for the equal free speech rights of poor people,” said Segal. “Begging is speech. It expresses need. And although people may feel uncomfortable around panhandlers, that doesn’t make panhandling or begging any less protected by the First Amendment than other speeches."
The ruling follows recent Supreme Court rulings that questioned the constitutionality of anti-panhandling ordinances, including a similar case in Worcester now under review.
