Brockton outlawed panhandling in 2019. Here's why City Council just repealed the ordinance
BROCKTON — The City Council voted to remove a 2019 ordinance that outlawed panhandling in various public spaces, including busy streets, ATMs and public parks.
The purpose of the original ordinance, which passed in a unanimous 9-0 vote, was to limit the number of panhandlers around the downtown area. Anyone doing so within 25 feet of an ATM or a bank, for example, would be penalized with a fine up to $200.
"We have an issue with panhandling, especially at the mall," said City Councilor Shirley Asack of Ward 7, who chairs the ordinance committee.
The council repealed the ordinance in light of a 2020 Massachusetts Supreme Court ruling that declared an anti-panhandling law in Fall River unconstitutional as it violates free speech. The ACLU of Massachusetts, which sued the City of Fall River for its panhandling law, said that the same ruling could apply to Brockton's ordinance.
Who's getting new stations?: What you need to know about the return of South Coast Rail
"We were told by the ruling of the general court that we needed to repeal it," Asack said.
The ACLU of Massachusetts had been advocating against the ordinance since it was passed in 2019. The decision to remove the ordinance in its entirety was passed to a third reading by hand vote on April 11, making it law, according to City Council meeting minutes from April 25.
“We applaud the City’s action in repealing this ordinance, which is in keeping with the Supreme Judicial Court’s decision from over a year ago reaffirming people’s free speech right to request personal charity in public spaces," said Jessica Lewis, a staff attorney at the ACLU of Massachusetts, in an email statement to The Enterprise. "We hope this signals the City’s commitment to respect and not burden this important right going forward.”
According to Asack, the initial ordinance was to increase public safety in the area, but was difficult for police to enforce as panhandlers could easily evade the areas before police arrived. Former Mayor of Brockton Bill Carpenter had called for more forceful enforcement of the old law to ensure "public safety."
'Like the good old days': Raynham Park breaks ground on simulcasting sports betting facility
"What we're doing is cleaning up the city," Carpenter told The Enterprise in 2019.
Asack said there was little discussion prior to voting to repeal the law, as the council was advised to do so by the general court following the lawsuit in Fall River. The ACLU had successfully sued the City of Cambridge over a similar law in 1997, and similar laws in Worcester and Lowell in 2015.
"That's what needed to be done, so that's what we did," Asack said of removing the ordinance.
This article originally appeared on The Enterprise: Brockton City Council repeals panhandling ordinance after SJC ruling
