RIHAP v. Cranston

In a major victory for the First Amendment, U.S. District Court Chief Judge William Smith has signed an order declaring Cranston's anti-panhandling ordinance unconstitutional.

In an important preliminary victory for First Amendment rights, U.S. District Court Chief Judge William Smith this morning issued a temporary restraining order against enforcement of the City of Cranston’s anti-panhandling ordinance. The order will remain in effect pending a future trial on the ACLU of Rhode Island’s challenge to the controversial ordinance. In issuing the order, the judge found that the ACLU had demonstrated an ultimate likelihood of success in its legal challenge.

The ACLU of Rhode Island today sued the City of Cranston over its latest anti-panhandling ordinance.  The suit, filed in federal court by ACLU of RI volunteer attorney Lynette Labinger, argues that the ordinance, enacted earlier this year by a 5-4 vote of the City Council, violates the First Amendment right of individuals to solicit donations and distribute literature on Cranston roadways.

In an important victory against the criminalization of poverty, the ACLU of Rhode Island today announced the favorable settlement of a lawsuit filed last year against the City of Cranston, challenging a city ordinance barring the solicitation of donations from motorists. In a consent judgment entered in federal court today, the City acknowledged that the ordinance violated the free speech rights of Michael Monteiro, who is disabled and supplements his disability payments by soliciting charitable donations.

It may be the season of giving, but in some Rhode Island communities, those seeking the kindness of others often face punishment simply for asking for help. That dichotomy is being challenged by the American Civil Liberties Union of Rhode Island today in a federal lawsuit on behalf of a disabled person summoned to court and threatened with arrest for holding a handwritten sign seeking donations as he stood on the median of a Cranston roadway.