MORGANTOWN, W.Va. — When the American Civil Liberties Union of West Virginia sent letters to Morgantown City council members and the city attorney regarding the constitutionality of panhandling laws, at least one member took it as a “veiled threat.”
Jamie Crofts, legal director for the ACLU of WV, said that was not the intent.
“I was not trying to threaten anyone just rather inform anyone who was unaware of the constitutional issues with laws that prohibit panhandling,” Crofts told WAJR AM.
Council has been informed that some activity, loitering and begging, are protected through the freedom of assembly and freedom of speech constitutional amendments.
The ACLU did get involved when Parkersburg attempted to address similar city concerns.
Most recently, the group has also contacted Martinsburg City Council and Berkeley County Council where members are considering anti-panhandling ordinances.
“There are some real free speech issues here with enforcing anything like that. So, I’m hopeful that we can work with everyone to try to make sure that people don’t have their constitutional rights infringed just because they are impoverished,” noted Crofts.
While aggressive solicitation, panhandling that includes physical contact or evokes a fear of imminent bodily harm, is illegal, police don’t always witness it or receive complaints.
According to Crofts, there are already laws to help deter vagrants from a location. She said her letter was an invitation to discuss those options.
“I’d like to talk to them about types of laws they can enforce if they are having a problem with things like harassment or safety problems in intersections. Because usually there are other ways for the city to enforce already existing laws.”
A panhandling ordinance in the City of Morgantown has not been presented.