ACLU letter asks Glendale to repeal panhandling ordinance ahead of Super Bowl
The American Civil Liberties Union of Arizona sent a letter to the elected officials in Glendale on Friday asking the city to repeal its ordinance that assigns civil and criminal penalties to panhandlers asking for money from drivers and asking for money outside banks, businesses and transit stops.
“We have been hearing about the criminalization of unhoused populations in and around Phoenix, and realized it was a pretty big problem,” ACLU of Arizona legal director Jared Keenan said.
Keenan said there are few organizations working in the litigation space on issues regarding homelessness, so the ACLU has been involved in several issues regarding homelessness in the Valley.
The Glendale City Council passed the ordinance unanimously in October. The ordinance creates a civil penalty for the first offense and a criminal penalty for a second offense within 12 months. The law specifically prohibits panhandling within 50 feet of a bank, ATM or check-cashing business, within 25 feet of the entrance or exit to a business, from a median, or to ask an operator of a motor vehicle for money whether they are moving or stopped.
'Clean zone':Phoenix amends Super Bowl sign rules after lawsuit
The letter from the ACLU claims the ordinance is “overbroad and unconstitutional,” alleging it violates free speech and asks that enforcement be halted and the ordinance be repealed.
“We wanted to give notice that we view these ordinances are unconstitutional,” Keenan said.
The letter cites several similar ordinances around the country that have been struck down for free speech claims.
“There is so much case law showing these are unconstitutional,” he said.
The ACLU would have taken issue with the ordinance anyway, but Keenan said he is particularly concerned that the city could ramp up enforcement ahead of the upcoming Super Bowl, which is what motivated the ACLU to send the letter Friday.
“Just because one of the biggest sporting events of the year is coming to Glendale doesn’t mean the Constitution can be suspended,” he said.
At the meeting when the ordinance was passed, Mayor Jerry Weiers said his wife had been harassed by a panhandler outside a Glendale grocery store, and the interaction made her feel unsafe. Weiers said he was also concerned about the safety of motorists and panhandlers when people are standing in medians or walking between cars to get money.
Super Bowl 2023: Everything to know about the date, ticket prices, performers, NFL team odds
Vice Mayor Jamie Aldama also said the ordinance addressed the safety issue.
“Forget about the violations, we don’t even want to get there, this is a safety issue,” he said.
The ACLU’s letter is the first step, Keenan said, and he hopes the city agrees with the claim that the ordinance is unconstitutional and halts enforcement until the council can repeal the ordinance. If that does not happen, the group could consider a lawsuit.
“It depends on what the response is,” Keenan said. “Litigation is always a tool in our toolbox.”
A city of Glendale spokeswoman said the letter was only sent to city elected officials, not city staff, so city staff had not had a chance to review the letter on Friday afternoon, and said staff could not comment on the letter until they had a chance to review it.
The ACLU has taken legal action against other Valley cities regarding homelessness. It sued the city of Phoenix over cleanup sweeps of belongings of people experiencing homelessness and citations issued for unlawful camping or sleeping on public property.
The city was ordered to modify the way it conducts the cleanups, including providing advance notice and not seizing property unless there is a reasonable belief it is abandoned.
Reach the reporter at cvanek@arizonarepublic.com. Follow her on Twitter @CorinaVanek.
This article originally appeared on Arizona Republic: ACLU letter asks Glendale to repeal panhandling ordinance
