Morgantown City Council begins process of repealing panhandling ordinance

The city of Morgantown has started the process of repealing a panhandling ordinance at the center of a lawsuit brought by a legal advocacy organization.

Morgantown City Council on Tuesday heard the first reading of an ordinance that would repeal a 2005 law prohibiting the solicitation of people traveling in vehicles on public rights-of-way.

Mountain State Justice filed a lawsuit against the city last month over the law. The organization filed the complaint in federal court April 22 on behalf of Anthony Rowand, an unemployed Monongalia County resident who relies on panhandling to cover his basic needs and those of his girlfriend, according to the lawsuit.

The complaint says that last summer, Rowand began receiving tickets and fines under the ordinance as city police “began more rigorous enforcement.” The man has continued to solicit donations, and has been repeatedly ticketed, racking up fines he is unable to pay, the complaint says.

The lawsuit argues that panhandling and soliciting of charitable donations constitute speech protected by the First Amendment to the Constitution.

During Tuesday’s meeting, city attorney Ryan Simonton explained that according to the Morgantown Police Department’s understanding of the law, its intent is to prevent pedestrian and vehicle conflict that could injure pedestrians and to prevent interference with traffic by delaying traffic that should be traveling according to traffic laws.

The law specifically addresses solicitation for money or goods, which is protected by the First Amendment to the Constitution, he said. Public rights-of-way are generally considered to be traditional public forums where restrictions on speech have to be as narrow as possible, he said.

Morgantown is not the only local municipality with a law prohibiting panhandling. In October, Monongalia County passed an ordinance that limits interaction between vehicle occupants and people standing on roadways and prohibits standing or sitting on roadways in certain situations. Critics say that law unconstitutionally targets people experiencing homelessness asking for money.

Reached Wednesday afternoon, Lesley Nash, staff attorney for Mountain State Justice, said that the organization believes the city’s comments concede that what Rowand alleges in his lawsuit is correct, that the ordinance targets and impermissibly restricts protected speech in traditional public forum and is unconstitutional.

“We look forward to continuing to fight on behalf of Mr. Rowand and others similarly situated,” Nash wrote in an email.

The city of Morgantown and its police department did not return separate messages seeking comment.