‘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
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