ACLU says Johnson County city’s new law is unconstitutional, will hurt the poor
The American Civil Liberties Union of Kansas and the National Homelessness Law Center have warned the city of Merriam that a new law that limits panhandling in certain medians is unconstitutional and could harm homeless residents.
The Merriam City Council in February voted 6-2 to approve the new ordinance banning pedestrians from standing or sitting on medians at nine high-traffic intersections, other than to legally cross the street. City officials said the law is aimed at cutting down on car crashes and ensuring the safety of pedestrians, and is not meant to penalize panhandlers — despite concerns from some residents and some council members that it would push out the homeless.
Officials said at the time that the ordinance was in response to a growing number of complaints about people stopping traffic at the intersections. The law does not mention panhandlers. Many cities have passed similar laws without specifically barring panhandlers, as a way of avoiding concerns about violating First Amendment rights.
But in a letter recently sent to city officials, representatives of the ACLU and National Homelessness Law Center argued that the law “almost certainly violates the constitutional right to free speech protected by the First Amendment.” The ordinance restricts residents from standing on medians, including to request charitable donations. The letter states that the First Amendment protects the speech of everyone in public forums, including traffic medians.
“The effect of an ordinance like this one is disproportionate impact and harm to vulnerable persons without homes and who are in need of assistance,” the letter states.
The ACLU has not filed a lawsuit on the matter. The letter states the organizations are “willing to sit down with the City to discuss the above issues and work toward an effective solution.”
Sharon Brett, legal director, told The Star that “the letter was sent in the interests of working with the city to develop constructive solutions.”
Ryan Denk, the city’s attorney, defended the ordinance as constitutional. He said it does not restrict the content of residents’ speech, but rather, it makes it a violation for any person to stand, sit or go on the medians at the intersections, “regardless of the reason … or their speech.”
He also argued that the ordinance is narrowly tailored to promote public safety.
“While the City certainly recognizes the honorable purposes and motivations of both the ACLU and the National Homelessness Law Center, the Constitutionality of the Ordinance is beyond dispute, and the City stands by its decision to enact the Ordinance in furtherance of its devotion to furthering the public health, safety, and welfare of its citizens,” Denk said in his letter.
Some residents previously said they were concerned that the ordinance would unintentionally harm people who are homeless or seeking financial assistance. A violation would be a class “C” misdemeanor, resulting in a maximum fine of $499 or 30 days in jail.
Police Chief Darren McLaughlin said officers would focus on educating the public rather than writing tickets.
In its letter, the ACLU wrote that “issuing fines to people standing on the roadway asking for money is counterproductive. It will contribute to a cycle of poverty. We strongly oppose punishments that escalate the cost and involve individuals in court hearings of any kind, as failure to appear in court hearings can lead to incarceration in our county jail.”
“These types of ordinances are costly to enforce and only exacerbate problems associated with homelessness and poverty.”
The organization argued that the city could better spend its time using federal COVID-19 relief funding to “safely house its entire homeless population in hotels or motels for the duration of the pandemic.”
A similar pedestrian ordinance was proposed in Kansas City in 2018 and drew strong pushback from critics who argued that the law was a means of criminalizing homelessness.
Merriam has the highest poverty rate among Johnson County’s cities, at more than 11%, according to an analysis by United Community Services of Johnson County.
Advocates are concerned about the growing number of people in poverty or experiencing homelessness who lack resources in Johnson County. The county does not have a permanent homeless shelter for single adults without minor children. In Lenexa, the nonprofit Project 1020 operates a winter shelter for adults, but there is no such option available the rest of the year.
The intersections included in the Merriam ordinance are: Interstate 35 at Shawnee Mission Parkway, Johnson Drive, 75th Street, 67th Street and Antioch Road; Antioch and Shawnee Mission Parkway; Antioch and Johnson Drive; 75th Street and East Frontage Road; and Shawnee Mission Parkway and Mastin Street.
This story was originally published April 15, 2021 at 11:56 AM.
