(BPRW) Victory for Freedom of Expression as Eleventh Circuit Rules Alabama’s Anti-solicitation Laws Unconstitutional

The 2019 lawsuit was aimed at ending the criminalization of homelessness

(Black PR Wire) MONTGOMERY, Ala. — The Southern Poverty Law Center (SPLC), our allies and the communities we serve celebrate a victory following the Eleventh Circuit’s decision to affirm a district court’s decision that declared Alabama’s anti-solicitation laws violate the First Amendment’s protection of free speech and  permanently enjoined their enforcement. This ruling means that those experiencing homelessness can no longer be criminalized when asking for vital help and is a victory for the people and communities of Alabama.

Since 2019, SPLC and co-counsel National Homelessness Law Center have represented Jonanthan Singleton, a Montgomery resident experiencing homelessness, and a class of individuals who hold signs on public streets communicating messages of public concern and need. Anti-solicitation laws in Alabama have historically been used to criminalize, fine and incarcerate people experiencing homelessness, making it more difficult for them to obtain the vital help they need.

“Handcuffs are not a solution to homelessness and poverty,” said Micah West, senior supervising attorney, SPLC. “Criminalizing actions such as requesting charity—whether it is through a sign that says ‘Homeless, please help’ or through a verbal request for assistance—does nothing to address the root causes of homelessness and poverty. The Court’s ruling affirms that requests for charitable assistance to meet one’s own needs are protected under the First Amendment.”

The solicitation laws that the Eleventh Circuit enjoined made it illegal for anyone to ask for financial assistance and subjected those who did to the possibility of fines or jail time. SPLC challenged the laws on behalf of Jonathan Singleton, Ricky Vickery, and Micki Holmes, three unhoused residents of Montgomery who solicited help by holding signs asking for charitable assistance. They were arrested or ticketed dozens of times for soliciting charity before a district court judge issued a declaratory judgment finding those laws to be unconstitutional and permanently enjoined their enforcement.

Plaintiffs settled their lawsuit with the City of Montgomery in 2020 after the city agreed to stop arresting or ticketing people who asked for financial assistance, to drop all outstanding charges against people engaged in that protected speech in the Montgomery Municipal Court, and to waive any outstanding fines and costs owed. They later settled with Derrick Cunningham, the sheriff of Montgomery County, who also agreed not to enforce the laws. The Eleventh Circuit ruling resolves the case against the final remaining defendant, Hal Taylor, the secretary of the Alabama Law Enforcement Agency.

“SPLC is committed to ending the state’s efforts to criminalize homelessness. The Eleventh Circuit ruling gives us hope change is possible, but the fight is long from over,” concluded West.

The ruling is available here. 

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About the Southern Poverty Law Center

The Southern Poverty Law Center is a catalyst for racial justice in the South and beyond, working in partnership with communities to dismantle white supremacy, strengthen intersectional movements, and advance the human rights of all people. For more information, visit www.splcenter.org.