Monteiro V. City of Cranston

  • Filed: 12/16/2015
  • Status: Closed
  • Latest Update: Dec 16, 2015
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This is 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. The suit argued that the ordinance infringes on individuals’ free speech rights in a public forum “where the government’s power to regulate speech is most constrained,” is unconstitutionally vague, and improperly bars individuals from standing on or near the road based entirely on the content of their message. In addition to being unconstitutional, ordinances like these are selectively enforced against, and further criminalize, the poor and homeless. Current Status: A settlement was reached with the City of Cranston in April 2016.

Attorney(s):
Marc Gursky

ACLU Settles Suit Over Cranston Ordinance Barring Roadside Solicitations

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.

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ACLU Files Suit To Challenge Cranston Ordinance Barring Roadside Solicitations

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.

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