Homeless Panhandlers Sue the State of Utah

by Josie Raymond · 2010-06-08 13:56:00 UTC

A group of the homeless in Utah have sued the state claiming that if they can't panhandle, then more official entities, like the Salvation Army's bell-ringers, shouldn't be allowed to solicit donations either.

Attorney Brian Barnard filed the suit on behalf of three homeless clients, including one who received a citation for panhandling under a little-known Utah statute. "They're threatened with citations, they're threatened with arrest for simply asking other people to help them," Barnard said. "The Salvation Army can do exactly what my clients are doing. They're on a sidewalk asking for money from the general public. They're not ticketed." Barnard's clients want to see the law ruled unconstitutional so they can solicit without fear of fines or arrest.

Besides the direct result that people in need get a few dollars, I see a broader societal benefit to panhandling. Call me naive, but I think having the homeless in view keeps people from forgetting they exist. Pushing the homeless to the outskirts through banning sitting on sidewalks or quelling panhandling just serves to make people on the fringes of society all but invisible. The more there are, and the more visible they are, the more likely society is to think, "gosh, we better do something."

However, while I support the rights of the homeless to panhandle without being ticketed, it sours me a little that their plan is to attack the Salvation Army. The battle to end homelessness requires allies, not factions. Besides, the two groups share little besides sidewalk space. The Salvation Army is a known entity and people have some vague idea of where their Christmastime donations are going. Each panhandler is different — some are professionals, some are first-timers; some need money for food, some for drugs. But just as we all have the choice to give or not, the homeless should be able to choose whether they sit down with a sign.

Photo credit: Steven_Null7

Josie Raymond is a Change.org editor who has reported from the streets of the South Bronx, written for several magazines that folded (not her fault) and fixed thousands of typos.
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