Wisconsin ACLU demands eight communities repeal bans on panhandling

The ACLU of Wisconsin, as part of a national campaign coordinated by the National Law Center on Homelessness & Poverty, demanded Aug. 28 that eight Wisconsin municipalities repeal bans on panhandling.

After the 2015 Supreme Court decision in Reed v. Town of Gilbert  found that discriminating against certain kinds of speech warrants heightened protection under the First Amendment, ordinances in the 25 cases brought against anti-panhandling ordinances have been found unconstitutional.

Also, at least 31 other cities have repealed ordinances —  many of them with language similar to the bans in Wisconsin.

"No one wants to see poor people have to beg for money,” Eric Tars, senior attorney at the National Law Center on Homelessness & Poverty, stated in a news release. "But until all their basic needs — food, health care, and housing — are met, they have the right to ask for help."

Tim Muth, staff attorney for the ACLU of Wisconsin, added, "People panhandle when they lack other options. Most of the time, people resort to panhandling because they need to feed themselves, to pay the rent, or get bus fare."

The ACLU of Wisconsin is seeking to repeal of ordinances in:

• Altoona

• Glendale

• Mequon

• Racine

• Superior

• Shorewood

• Waukesha

• Wauwatosa.

"These Wisconsin communities that have criminalized the act of begging add insult to the injuries that those in poverty have often experienced,” said Chris Ott, executive director of the ACLU of Wisconsin. “These cities should take these unconstitutional laws off the books and instead look for more constructive ways to address the needs of our fellow citizens experiencing homelessness and poverty."

The effort expands upon the Housing Not Handcuffs Campaign launched in 2016 by the National Law Center on Homelessness & Poverty, the National Coalition for the Homeless and more than 100 other organizations. The campaign emphasizes that criminalizing homelessness is the most expensive and least effective way of addressing homelessness.

The ACLU of Wisconsin, with its demand letters, joined organizations in other states targeting more than 240 ordinances.

“Punishing homeless people with fines, fees, and arrests simply for asking for help will only prolong their homelessness,” stated Maria Foscarinis, executive director at the National Law Center on Homelessness & Poverty. “Housing and services are the only true solutions to homelessness in our communities.”