ACLU Challenges Medford Panhandling Ordinance
UPDATE: April 2008 -- At a hearing April 21, Judge Lorenzo A. Mejia denied the city of Medford's motion to dismiss the case. The next hearing, on an ACLU motion for summary judgment, is set for 2 p.m. June 2, 2008.
March 6, 2008 -- The ACLU of Oregon this week filed a lawsuit against the City of Medford, challenging a new anti-panhandling ordinance as unconstitutional.
Previously, the ACLU had sent a letter to the Medford Chief of Police, as well as the Medford City Attorney, asking that they suspend the ordinance. City Attorney John R. Huttl replied, saying he disagreed with ACLU’s analysis and that the ordinance remains in effect.
The Oregon Constitution prohibits laws that restrict speech based on its content. The Medford ordinance prohibits solicitation for certain purposes including for “immediate donations” while allowing solicitation for others. Described by the city as “prohibiting abusive solicitation,” the ordinance makes such activity a criminal misdemeanor.
The Medford City Council approved the ordinance in November on a 6-1 vote. Councilman John Statler, the single dissenting vote, said at the time that passing the ordinance might result in a lawsuit such as the one filed this week. The law went into effect Jan. 1.
The ACLU holds that criminal activity on public streets impeding traffic, menacing, disorderly conduct and so on are punishable by existing law. Criminalizing some types of speech and permitting others violates Article 1, section 8, of the state constitution.
The lawsuit, filed in Jackson County Circuit Court, asks the court to declare the Medford ordinance unconstitutional and suspend its enforcement.
Justin M. Thorp of Martin, Bischoff, Templeton, Langslet & Hoffman LLP is the ACLU cooperating attorney on this case.