Court Rejects Sacramento's Panhandling Ordinance
SACRAMENTO (CBS13) -— Civil rights activists are celebrating after a ruling on the city's panhandling law. A federal judge struck down the city's ordinance saying it violates the First Amendment.
"Poverty shouldn't be criminalized, or homelessness shouldn't be criminalized," said Bob Erlenbusch, Executive Director of the Sacramento Regional Coalition to End Homelessness.
Last year, the city council passed an ordinance that banned people from asking for money within 30 feet of ATMs, banks, businesses or bus stops.
"ATMs I'd be a little bit uncomfortable with," said Jordan Chernesky, who lives in Sacramento. "And I don't just want people coming behind me!"
But the Sacramento Regional Coalition to End Homelessness sued the city back in April, calling the ordinance a violation of the First Amendment.
"There's no difference as a protestor from me standing there holding my sign that says 'boycott' and me saying 'I'm hungry,'" said James Faygo Clark. "Sometimes I put a cup out or I just stand there and if people feel like helping, they help."
The suit was filed on behalf of Clark, who's been homeless for 15 years.
Thursday morning, a federal judge ruled in his favor, saying Clark and others would "suffer immediate and irreparable harm from the enforcement of the Ordinance."
"After three times getting caught, it would have been a misdemeanor," Clark told CBS13.
Susana Alcala Wood, City Attorney, released a statement saying: "While we are disappointed with today's order, we appreciate the court's careful consideration of the city's arguments."
Mayor Darrell Steinberg told CBS13: "The panhandling ordinance is a very small piece of our overall strategy. We will continue to focus the bulk of our effort on addressing the systemic causes of homelessness."
"It's disappointing that it had to get this far," Erlenbusch said.
But he said this decision should redirect the council's focus to affordable housing and employment opportunities.
"Hopefully we'll get back to and roll up our sleeves and say 'you know, let's create a real plan to end homelessness,'" he told CBS13.
The City Attorney's Office plans to ask the court to reconsider in the future.
