A federal judge on Wednesday blocked Arkansas’ current law that restricts panhandling.
The American Civil Liberties Union (ACLU) filed a lawsuit to nullify a law that targets ‘aggressive’ panhandling, saying the legislation violated the First Amendment.
This is the second panhandling law that the ACLU challenged in Arkansas. The state’s previous panhandling law was struck down by the courts in 2016. The courts ruled the law was “too broad.”
Concerning the current law, U.S. District Judge Billy Roy granted a preliminary injunction and enjoined the state from enforcing one particular section.
That portion of the law states, “A person commits the offense of loitering if he or she . . . [l]ingers or remains on a sidewalk, roadway, or public right-of-way, in a public parking lot or public transportation vehicle or facility, or on private property, for the purpose of asking for anything as charity or a gift: (A) In a harassing or threatening manner; (B) In a way likely to cause alarm to the other person; or (C) Under circumstances that create a traffic hazard or impediment.”
Roy called the law “plainly unconstitutional.” He also wrote in his ruling that the state failed to “satisfy the rigorous constitutional standards that apply when government attempts to regulate expression based on its content.”
To see his full ruling, click here.
(nwahomepage.com contributed to this report)
