Lawsuit alleges Monongalia County ordinance violates First Amendment rights of panhandlers

A lawsuit filed Wednesday in federal court challenges a Monongalia County ordinance aimed at panhandlers who stand in roadway medians and at intersections asking drivers for money within specific areas in the county. 

The class action lawsuit was filed Wednesday in the United States District Court for the Northern District of West Virginia by plaintiffs Chris Peterson, who panhandles in the Morgantown area, and Becky Rodd, who regularly donates to panhandlers. It seeks to void the ordinance, alleging the law violates the Constitution’s First Amendment right to free speech and the 14th Amendment. 

The “Pedestrian and Vehicle Safety Ordinance,” which the commission passed in October 2023, restricts interaction and exchanges between vehicle occupants and people standing on roadways and prohibits standing or sitting on medians, shoulders and other parts of roadways witn “areas of concern” in the city.

Since its passage, the city of Wheeling passed a “Pedestrian and Vehicle Safety ordinance” that limits panhandling. The city of Charleston is currently considering similar legislation. 

Peterson is a five-year resident of the Morgantown area who continues to panhandle to support himself, despite receiving “tickets, warnings and threats” from sheriff’s deputies enforcing the ordinance, the lawsuit says. Rodd is a retired health care administrator. They are represented by Mountain State Justice, a Morgantown-based legal advocacy organization. 

The complaint lists as defendants all three members of the Monongalia County Commission as well as Monongalia County Sheriff Perry Palmer, in their official capacities. No one at the county commission or the sheriff’s office returned a message seeking comment Wednesday afternoon.

According to the complaint, the vote passing the ordinance was the “culmination of a crusade” by Commissioner Tom Bloom to convince the commission and neighboring towns to work together to stop panhandling. Despite the argument that the need for safety justified the passage of the ordinance, no evidence was offered to support the argument, the lawsuit says. 

 “As we feared, the county has used this ordinance as a tool to punish the most marginalized members of  our community,” Lesley Nash, staff attorney for Mountain State Justice, said in a news release Wednesday evening. “Mountain State Justice is proud to work with and represent Chris and Becky as they defend their rights and ours.”