MORGANTOWN — Morgantown City Council will consider repealing the “panhandling” ordinance that recently made the city the target of a federal lawsuit.
On Friday, the city posted the agenda for council’s May 7 meeting. Included in that agenda is “An ordinance repealing City Code Section 371.10 prohibiting solicitation of persons traveling in vehicles on public rights of way.”
This is the same code section at the heart of a lawsuit filed on April 22 in the Northern District of West Virginia by Mountain State Justice on behalf of Morgantown resident Anthony Rowand, whom, the lawsuit states, was ticketed and assessed fines under this code section nine times between June 2, 2023, and Feb. 12, 2024.
The suit states Rowand often panhandles at or near the traffic light near Hornbeck Road.
The law in question has been on the city’s books since July 2005.
It prohibits asking for money or other objects of value by any means with the intention of the money or objects being transferred from an occupant of a vehicle within a public roadway at that time and place. It also outlaws standing in any portion of a public right-of-way to solicit business, goods or money.
Mountain State Justice contends that is a violation of the First and Fourteenth Amendments to the United States Constitution.
Specifically, they contend, the ordinance is content-based, meaning it only applies to individuals exercising their rights to a specific kind of speech — the solicitation of money, property or business.
“The Ordinance does not bar persons from using the same public fora of streets and roads within the City of Morgantown for speech touting a political candidate, attendance at a public event, the distribution of handbills or leaflets to vehicle riders which promote or criticize a public figure or issue or a religion or religious institution,” the lawsuit states.
Mountain State Justice Advocacy and Access Director Lindsey Jacobs said she’s glad to see movement from the city, but there’s work left to do.
“It’s unfortunate that the City’s unconstitutional conduct harmed Mr. Rowan and led to this lawsuit, but we’re glad to see council move quickly to repeal the ban. Ideally, they would carry that same sense of urgency forward to tackle the dual crises of homelessness and housing affordability – criminalization of poverty is never the way.”
Last October, the Monongalia County Commission adopted its Ordinance Regulating Pedestrian and Vehicle Safety.
While that law started out as a panhandling prohibition, it ultimately morphed into a prohibition on doing anything in a public right-of-way, meaning, according to the commission and its lawyers, it’s content neutral.
Mountain State Justice and the American Civil Liberties Union of West Virginia came out immediately in opposition and threatened legal action against the county.
As of this writing, no lawsuits have been filed.
City offices are not open on Fridays to provide comment. The city traditionally does not comment on issues pertaining to active or pending litigation.
Mountain State Justice is a statewide nonprofit legal services and advocacy organization.
