Providence agrees to halt enforcement of anti-panhandling ordinance at ACLU's request

PROVIDENCE, R.I. — City police will stop enforcing an anti-panhandling ordinance that opponents say has led to harassment of homeless people.

 The change, announced Tuesday, comes after the American Civil Liberties Union of Rhode Island sent Mayor Jorge Elorza a letter calling for the change in January. 

 The ordinance prohibits “certain forms of aggressive solicitation” in any public place, including streets, highways, parking lots, plazas, transportation facilities, schools, amusement parks, and playgrounds. The ACLU questioned the ordinance's constitutionality " and its impact on the rights of the poor and homeless."  Courts have recently "struck down" a number of similar ordinances "for infringing on First Amendment rights," the ACLU said. 

 The ACLU argues that this rule “directly targets the homeless” and prevents this population from earning a living.

 Megan Smith, an employee at House of Hope CDC, has worked with the ACLU for months combatting this piece of legislation. She said this ordinance criminalizes poverty, and she’s happy with the city’s response.

 “We are hopeful that Providence's decision to halt enforcement... demonstrates that the city recognizes panhandling for what it is: a means of survival for our poor and homeless neighbors, not a criminal activity,” she said in a news release.

 Providence City Solicitor Jeffrey Dana responded to the ACLU’s letter saying Elorza is dedicated to protecting the city's residents.

 “The Mayor remains committed to making Providence a place that supports its residents, especially those who are most in need, and we look forward to our continued work together in this regard,” Dana said in the letter.

 The mayor’s office has been in contact with Police Chief Hugh Clements, who will provide further instructions to his officers, according to the release.

 In December, the ACLU of Rhode Island filed a federal lawsuit against a similar Cranston ordinance. The suit is pending.

jtempera@providencejournal.com 401-277-7121