ALCU Challenges Cranston's Anti-Panhandling Ordinance with Lawsuit

CRANSTON, RI—The Rhode Island chapter of the American Civil Liberties Union is suing the city of Cranston to challenge an anti-panhandling ordinance on behalf of a disabled man who was cited for standing on the side of the road with a cardboard sign asking for money in June.

Michael Monteiro, 57, of Providence is disabled and said that he supplements his disability payments by soliciting help. On occasion, he’s stood on a median on Plainfield Pike that reads “disabled, need help, God bless.”

In June, a Cranston office gave Monteiro a court summons and said he could be arrested for violating the ordinance. He was told to leave the area. Eventually, the charge was dismissed but the Municipal Court Judge reiterated what the officer said: stay away from the area.

ACLU lawyers on Wednesday announced that they are suing Cranston on behalf of Monteiro and alleging the city’s anti-panhandling ordinance is unconstitutional by violating free speech rights.

Further, the suit implies that the ordinance effectively criminalizes being poor. ACLU Executive Director Steven Brown said at a Wednesday press conference in Providence that the police department only has enforced the ordinance against people “trying to scrape by” while allowing local sports teams to stand on the sidewalk and collect money.

The lawsuit seeks a court order declaring that the ordinance is unconstitutional and blocking its enforcement. The suit also seeks damages.

“As written, Cranston’s ordinance violates everyone’s right to ask for donations, whether they’re firefighters or little leaguers, but it’s especially unfair to people who are homeless or otherwise in need. Cranston needs to do the right thing and repeal this ordinance,” said ACLU volunteer attorney Marc Gursky.

Read: the ACLU Lawsuit

The ACLU plans to file more lawsuits against other cities and towns across Rhode Island with similar ordinances.

Monteiro, 57, said at the press conference that he had just $11 in his pocket to make it until his next disability payment in January. He said he suffers from avascular necrosis and walks with a cane.

He said he moved furniture for 30 years, which ruined his body.

“Your body isn’t made to do that,” he said.

Monteiro said he doesn’t want to panhandle, but when his disability payment runs dry, he feels he has no choice. Most of his income goes to pay his rent at a low-income housing complex in Providence.

Coming to Cranston was appealing, he said, “because they have money over there.”

He said he could make $30 in one hour, which goes a long way toward staving off hunger and keeping a roof on his head.

“All I am doing is exercising my right to express myself, and letting people know of my life and my needs. I should have that right. I’m not harming anybody. If a person can display a sign saying ‘Vote for Hillary’ and solicit votes, why can’t I display my sign?”

The ordinance in Cranston dates back several years and was crafted to respond to increased complaints about panhandlers at particular intersections across the city. Supporters of the ordinance argued that they believe panhandlers are taking advantage of people’s good will, might be using the money to buy drugs or alcohol and create an uncomfortable situation when young children are riding in the car and ask “why is that person standing there?”

City officials on Wednesday afternoon said they had not yet been served with the lawsuit.

In a statement from the office of Cranston Mayor Allan W. Fung, the city responded:

“Mayor Fung and the City of Cranston are committed to protecting the health and safety of all our residents,” stated Director of Administration, Robert Coupe. “Although the city has not formally been served with notice of a lawsuit and cannot respond to any specific claim, we will work to protect motorists on crowded city streets from unnecessary distractions, which threaten the safety of others, including those causing the distraction. Once again the ACLU is misrepresenting a common sense public safety issue.”

Photo courtesy: RIACLU