“Being homeless is already hard enough without having to worry about the possibility of being arrested,” said Brandalyn Orchard. “We rely on the kindness of strangers, and should not have to fear legal repercussions for simply asking for help.”
In late September, Orchard and Edward Gillespie, who are Missouri residents, were approached by a police officer and told they must leave town. They respectfully asked if they were breaking any laws. The officer left and returned with highlighted copies of three purported ordinances against vagrancy, begging and loitering. He was later joined by another policeman who told the couple they would be arrested for violating the ordinances if they didn’t leave town in five minutes, so they complied and haven’t returned.
“The couple did the right thing by asking for copies of the ordinances before leaving,” said Tony Rothert, legal director of the ACLU of Missouri. The ACLU of Missouri has learned that the southeast Missouri city has no such ordinances. Rothert added, “Police should never abuse their power by threatening to enforce ordinances that don’t exist.”
“The police are our first line of defense and we entrust them with the ability to arrest, but in return we need some checks and balances,” said Jeffrey A. Mittman, the ACLU of Missouri’s executive director. “The ACLU is stepping in because it is especially egregious when police try to intimidate those who are least likely to have the resources to defend their rights.”
Update: Oct. 14, 2014
U.S. District Judge Stephen N. Limbaugh, Jr. entered a consent judgment in the American Civil Liberties Union of Missouri’s challenge to the City of Miner’s unconstitutional ordinances banning loitering, vagrancy and begging.
“Without the ACLU’s help, nothing in Miner would have changed,” said Brandalyn Orchard. “Our lawyers deserve all the credit.”
“This suit is a textbook case on how to react when your rights are being violated,” explains Rothert. “The couple respectfully asked if they were breaking any laws, requested copies of the ordinances they were violating, obeyed the officer’s demands to leave town, and then filed a complaint with the ACLU.” The ACLU learned that Miner does not have the ordinances the police cited.
“Bullying is never good, but it is especially bad when done by our government and directed at those who might lack the resources to defend their rights,” said Mittman. “Being homeless or poor doesn’t strip you of your constitutional rights and it is the role of the ACLU to step in and be a voice for those who may feel powerless to challenge the government.”