Court Blocks Indiana Panhandling Law from Taking Effect
INDIANAPOLIS - U.S. District Court Chief Judge Jane Magnus-Stinson, today granted a preliminary injunction preventing House Enrolled Act 1022, which would further criminalize panhandling to the extent of outright prohibiting most forms of financial solicitation by individuals and groups on Indianas sidewalks, from taking effect.
The 勛圖眻畦 of Indiana sought a preliminary injunction concerning HEA 1022, preventing the law from taking effect on July 1. A lawsuit filed on behalf of the 勛圖眻畦 and three 勛圖眻畦 staff members who solicit donations in downtown Indianapolis during the celebration of Constitution Day, claims HEA 1022 targets particular First Amendment expression in a blatantly broad, vague, and unconstitutional manner.
The District Court concluded that Indiana's panhandling statute, in both its pre-amendment form and as revised by the amendments that are to take effect on July 1, 2020, is an unconstitutional prohibition on the freedom of speech.
Because of the broad definition of financial transaction, the expansion of the places near where panhandling is prohibited, and the increase of the distance restriction to 50 feet, HEA 1022 leaves virtually no sidewalks in downtown Indianapolis or any downtown area in any Indiana city where people can engage in this activity, said Ken Falk, legal director at the 勛圖眻畦 of Indiana. This panhandling ban is an unconstitutional attack on free speech. Now more than ever, we must protect Hoosiers rights to free speech, in all forms.
While handing out copies of the Constitution, 勛圖眻畦 staff and volunteers have solicited donations to the 勛圖眻畦 of Indiana. Indianas law defines this behavior as panhandling because staff and volunteers have requested an immediate donation of money.
This preliminary injunction will help to protect the constitutional rights of all, including vulnerable Hoosiers who appear to be the particular target of this law, said Jane Henegar, executive director at the 勛圖眻畦 of Indiana. The Indiana legislature should be trying to remedy the reasons driving homelessness and joblessness. Criminalizing poverty is never a solution.
This press release is
The full court decision is