Kansas City, MO -- Today, the ACLU of Missouri filed suit against the City of Belton, Missouri, on behalf of Missouri resident Roger Walker, challenging a Belton ordinance that restricts panhandling. Panhandling is protected under the First Amendment.
Walker, a 67-year-old amputee with chronic obstructive pulmonary disease (COPD) and congestive heart failure, is confined to a motorized wheelchair and panhandles to secure donations of food and money. Despite the fact that Walker’s requests are protected by the First Amendment, he has been forced to stop panhandling because the Belton police have repeatedly threatened to arrest him and impound his motorized wheelchair for violating a city ordinance that prohibits soliciting on roadways.
“The ACLU believes that Missourians deserve the freedom to exercise their First Amendment rights,” said Jeffrey Mittman, executive director of the ACLU of Missouri. “With its city code, the City of Belton is excluding people like Mr. Walker from those protections, and that’s wrong.”
In 2014, a Belton police officer told Mr. Walker he would be arrested and fined and his wheelchair impounded if he did not stop soliciting and leave Belton immediately. Walker did not return for almost two years because he was afraid he would be arrested and prosecuted. However, on April 16, 2016, Mr. Walker returned when he needed to purchase a $500 battery for his wheelchair. He was again told to leave or be arrested.
The challenged ordinance, Section 13-361 of the Belton City Code, exempts “organizations, social clubs, civic groups, school groups, etc.” that are soliciting donations for “legitimate fundraising events.” The ordinance does not elaborate on “etc.” or define “legitimate.” The lack of clarity leaves people like Mr. Walker subject to arbitrary and discriminatory enforcement.
The ACLU of Missouri is challenging the city code because it violates Mr. Walker’s free speech and due process rights.
###