The Sixth Circuit Court of Appeals (which covers Ohio and Michigan)
upheld a lower court decision that found the Grand Rapids Police gave a
ticket to two homeless people for asking for money. The court ruled the
statute that made it a crime to beg for money illegal. The court found
that this was an infringement on the free speech protections of the
First Amendment. The court found that the Supreme Court has never
specifically ruled that an individual asking for money is engaged in
expression, they did find that organizations were protected for
soliciting charitable funds.
The court found that Michigan had the right to regulate soliciting
funds. It could not prohibit begging for money by criminal law.
The Detroit News has a nice summary
of the ruling here. The two individuals, James Speet and Ernest Sims,
sued in federal court to dismiss the ticket. Speet was holding a sign
that said, "Cold and Hungry, God Bless." He pled guilty when the police
issued his ticket, and was unable to pay the $198 fine.
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