American Fork settles lawsuit over panhandling law
The city of American Fork has agreed not to enforce an anti-panhandling law, after a homeless man who had been cited multiple times for holding a sign on public sidewalks filed a federal lawsuit claiming the rule selectively barred free speech. The American Fork Citizen was first to report the lawsuit.
The settlement finalized last week called on the city to dismiss its case against Steve Ray Evans, pay him $750 in damages, and reimburse $5,327.76 in attorney fees and court costs, according to The Salt Lake Tribune.
Utah code makes it illegal to “sit, stand or loiter on or near a roadway” in order to solicit a ride, money, employment or other business. But a federal judge ruled in March the law was unconstitutional and shouldn’t be enforced.
The Utah Legal Clinic and Utah Civil Rights & Liberties Foundation sued American Fork on Evans’ behalf in October, claiming the law “discriminates among types of speech” and “depends solely on a person expressing the `wrong’ words.”
“In order to bring in enough money to survive, Evans sometimes engages in panhandling,” court documents state. “He has found holding a sign to be an effective means of communicating with people. He does not approach or speak to people unless invited to do so.”
Evans was also a plaintiff in similar lawsuits against Salt Lake City and Draper. Both those cities have reached settlements on the issue.
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Information from: The Salt Lake Tribune, http://www.sltrib.com
