11th Circuit rules anti-solicitation law unconstitutional after lawsuit from Montgomery homeless

The Eleventh Circuit has ruled the state's anti-solicitation unconstitutional several years after a lawsuit was brought on by three homeless Montgomery residents. 

A press release from the Southern Poverty Law Center (SPLC) stated that they and their co-counsel, they National Homelessness Law Center, have represented homeless residents Jonathan Singleton, Ricky Vickery, and Micki Holmes against the City of Montgomery. 

The plaintiffs argued that the law violated freedom of expression. 

The decision from the 11th court reportedly no longer results in fines or jail for homeless individuals to request help either verbally or by holding signs. The three plaintiffs had been ticketed or arrested "dozens" of times for solicitation, said the press release. 

“Handcuffs are not a solution to homelessness and poverty,” said Micah West, senior supervising attorney for SPLC. “Criminalizing actions such as requesting charity—whether it is through a sign that says ‘Homeless, please help’ or through a verbal request for assistance—does nothing to address the root causes of homelessness and poverty. The Court’s ruling affirms that requests for charitable assistance to meet one’s own needs are protected under the First Amendment.”

The press release further stated that the lawsuit was 2020 and that Montgomery County Sheriff Derrick Cunningham agreed not to enforce it. 

The recent ruling resolved the case against Alabama Law Enforcement Secretary Hal Taylor, who was the final remaining defendant.