Federal appeals court upholds ruling against Alabama panhandling laws

A three-judge panel of the U.S. 11th Circuit Court of Appeals last week upheld a lower court ruling that found two Alabama laws criminalizing panhandling unconstitutional.

Citing existing legal precedents, U.S. Circuit Judge Elizabeth L. Branch wrote in the unanimous opinion that First Amendment protections of speech apply to the act of begging.

“Thus, the begging statute’s applications, which are solely to begging, are impermissible, and the pedestrian solicitation statute’s applications, which are to begging and other constitutionally protected speech, are impermissible,” Branch stated in her opinion.

Messages were sent to Alabama Law Enforcement Agency, the defendant in the lawsuit. Messages were also left with the Alabama Attorney General’s Office, which represented the state, and the Southern Poverty Law Center, which represented plaintiff Jonathan Singleton, and others in the suit.

The initial lawsuit challenged two statutes. The first prohibits a person from standing on the highway and asking those in a vehicle for money, a job or other “business.” Violating that statute is punishable by up to 10 days in jail and a $100 fine.  The second prevents people from loitering in public spaces “for the purpose of begging,” which carries a penalty of up to 30 days in jail and a $200 fine.

Singleton was cited six times for allegedly violating the laws in Montgomery.

A lower court ruled in Singleton’s favor in March 2023 and issued a permanent injunction against ALEA’s enforcement of the law. The agency appealed the lower court decision to the U.S. 11th Circuit Court of Appeals.

Attorneys from the Southern Poverty Law Center, who represented Singleton and the individuals affected, and the Alabama Attorney General’s Office argued the case before a panel of three judges with the 11th Circuit in December.

Alabama Deputy Solicitor General Robert Overing argued in court that begging specifically is not protected speech based on the First Amendment and that the state could regulate the activity and impose penalties on those who violate rules set by the government.

He cited a law passed in the state of New York in 1788 and an action by former President James Madison in 1812 to penalize those who loitered in public spaces.

The Southern Poverty Law Center cited Smith v. Fort Lauderdale, a 1999 decision by the 11th Circuit that upheld a local law banning panhandling on part of a sidewalk, but said that panhandling laws must be narrowly tailored to avoid infringing on the First Amendment. The 11th Circuit Court of Appeals then applied that same standard to other cases involving panhandling.

The Alabama Legislature revised the statute concerning begging in public places during the 2023 session by approving HB 24, sponsored by Rep. Reed Ingram, R-Matthews, that  makes the first arrest for loitering a violation and subsequent infractions a Class C misdemeanor, punishable by up to three months in jail and a $500 fine.