ACLU Not Sitting Still for Ordinances on Sidewalks, Panhandling

Lawsuit filed against Municipality of Anchorage

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By Bill McAllister
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Story Created: Jan 31, 2013 at 4:57 PM AKDT

Story Updated: Jan 31, 2013 at 6:29 PM AKDT

ANCHORAGE - They said it could have been avoided.

Officials of the Alaska chapter of the American Civil Liberties Union went to court today to try to strike down Anchorage ordinances banning sitting on sidewalks and panhandling downtown, arguing that the ordinances are an unconstitutional infringement on free speech.

The ACLU is representing a performance artist, a libertarian politician, the AFL-CIO and a few other individuals and organizations.

Its executive director and lead attorney say this is a last resort, after efforts to negotiate with the municipality never came to fruition.

The groups and individuals suing the Municipality of Anchorage say that the sidewalk-sitting and panhandling ordinances strike against the most basic of American freedoms -- the right to express protest and the right to speak, even to ask for money.

"We tried for over a year to work this out with the municipality,” said ACLU attorney Joshua Decker. “Hope springs eternal that perhaps the municipality will agree that these laws are constitutionally problematic and work to rectify them. If it doesn't, that's why we have judges."

The lawsuit came as a pleasant surprise to John Martin, the homeless man who has been a thorn in the side of Mayor Dan Sullivan by staking out space on the sidewalk in front of City Hall, protesting the confiscation of survival gear from homeless camps.

"Glad to hear it,” Martin said. “Wonderful news. Thank you ACLU. And thank you God. He has his ways."

But while the focus has been on protests regarding homelessness, the ACLU’s Decker says this goes beyond politics: It could affect charities and even street performance artists.

"And it's not simply a homeless individual saying brother can you spare a dime, it's the Salvation Army trying to fill the red cans at Christmas, it's firefighters trying to fill the boot, it's Girl Scouts selling cookies, it's little kids with lemonade stands. All of those are illegal under this law."

Performance artist and magazine publisher Teeka Ballas, the lead plaintiff, said, "Having traveled, studied and worked in many countries abroad, I have experienced life without these rights, and passionately abhor the idea and the laws that strip Americans of these rights on our own soil."

The assembly repealed the sidewalk-sitting portion of the ordinance last fall, but Sullivan swiftly vetoed the repeal.

Now the ACLU says it hopes for a settlement with the city. But if not, a Superior Court judge will make the call.

CBS 11 News reached out to the mayor's office today to see if the mayor or the city attorney wanted to comment on the lawsuit.

There was no response.

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TedtheBear said on Thursday, Jan 31 at 5:08 PM

ACLU: Enemy of the free people of the United States. For them, everything is a "constitutional issue" and thus trivialized the Constitution into a joke. Only the 2nd Amendment is outside their so called protection. ACLU are legal terrorist organization for the liberal nazis.

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Anonymous said on Thursday, Jan 31 at 7:39 PM

what a disgrace..one step closer to turning our state into a police state..let me tell you something..the people you see sitting and standing on those sidewalks..their moneys have been used to help build those..and maintain those sidewalks..get that mayor out of there now..

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Thom Kyte said on Friday, Feb 1 at 3:12 AM

It's interesting that the ACLU will go to fight for this but they won't go to fight for a persons' rights for life, liberty and he persuit of happiness in custody or the goverments rights to take a persons licenses away which prevents them from working yet still having CSSD demand the same payment in child support as when they are working with the licenses. This country is all F ked up when it comes to the public's legal rights. It appears that our only "rights" are what they give you. If they don't want you to have them, you don't get them.

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mine said on Friday, Feb 1 at 6:52 PM

Is ACLU going to defend my right to walk on the sidewalk my taxes pay for? nope, ACLU is a group of frauds

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TedtheBear said on Saturday, Feb 2 at 4:36 PM

One main effort that ACLU tries to do inorder to blackball our Constitution is their effort to totally ignored the 10th Amendment of our Constitution. By making everything a constitutional issue, ACLU's effort to deprive powers granted to the local government by the Constitution have been totally compromised. Of course, this is Constitution 101 but our judges catered to these legal terrorists that suppressed the rights of free people of this nation.

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Robo said on Saturday, Feb 2 at 5:50 PM

Sorry, unless they pay property taxes or a business tax...doubt they can make a claim of supporting downtown sidewalks. I just wish to go about my own biz and not be harrassed by folks asking for money; or leaving their mess behind. If you have a complaint...yell at the assembly.

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