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‘SPLC @ ‘Southern Poverty Law Center ‘ae ace ‘Via Emall and US Mall July 9, 2019 Mayor Todd Strange City Hall, Room 206 103 North Perry Street Montgomery, AL 36104 Dear Mayor Strange: ‘The Souther Poverty Law Center (SPLC) writes to express our concern about Ordinance No. 24-2019, entitled “An Ordinance Prohibiting Panhandling inthe City of Montgomery.” We trge the Mayor to veto the Ordinance, because it both unfairly punishes people who are living in poverty and violates the First Amendment. Ifthe Mayor does not veto the Ordinance (andthe City Council does not rescind it), the SPLC will ikely file a lawsuit against the Cty for violating the constitutional rights of its most vulnerable and needy citizens. On July 2,2019, the Montgomery City Council pasted an ordinance tht subjects homeless people to jail time for Soliciting money in any public place. During City Council discussions of the Ordinance, City Council members represented thatthe City’s services for homeless people are adequate and that those who are soliciting money “don’t want access to city services that could help them get on their foe,” and are simply “seeking to make money to feed addictions."' These statements reinforce unfounded stereotypes about homelessness, addiction, and mental illness, ‘And the Ordinance’s criminalization of poverty wil serve to exacerbate rather than alleviate, the challenges that Montgomery's homeless population faces. Rether than jailing people whose dire circumstances have ed them to ask for financial assistance on public streets, the City should invest in aditional services to support people facing housing instability, mental illness, and addiction, ‘Notonly isthe Ordinance bad public policy, but itis blatantly unconstitutional. The federal courts have long held that solicitation is protested speech under the First Amendment” More recently, in Reed v. Town of Gilbert, the Supreme Court made clear that when the government prohibits speech based on its content, these prohibitions are subject to strict judicial scrutiny —the "brian Bavards, Momgomery Ramps Up Penalties for Panhanlers, Hopes o Deter Frequent Rulebreaher, Monigomery Advertiser uly 2, 219), valle nsw nontsome vader cononews.201910710/montgomer-ramps-ap-senhie-ranhandles- hopes regent rlbrskers 163424200), 2 Smith x Chy of Fort Lauderdale, Fla, 177 F34 954, 956 (11th Cie, 199) CLike other charitable solicitation, begging is peech ented o Fit Amendment protection") Court's most exacting standard. Since Reed, courts across the country have consistently struck

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