Court upholds ruling against Arkansas anti-begging law

A federal appeals court on Wednesday ruled against an Arkansas anti-loitering law that opponents say unfairly targets panhandlers, siding with a lower court judge who called measure “plainly unconstitutional.” A three-judge panel of 8th U.S. Circuit Court of Appeals upheld preliminary injunction U.S. District Court Judge Billy Roy Wilson issued against 2017 law, which expands definition of loitering to include anyone asking for charity or a gift in a harassing or threatening manner that’s likely to cause ors alarm or create a traffic hazard.

American Civil Liberties Union of Arkansas sued state over ban on behalf of two panhandlers who said y were afraid y would be prosecuted for asking for money under law. court ruled Wednesday that panhandlers would likely succeed in proving that measure violates Frist Amendment.

“Being poor is t a crime, and today’s ruling affirms that people have a constitutional right to ask for help,” Holly Dickson, ACLU of Arkansas legal director and interim executive director, said in a statement. “On behalf of our plaintiffs and all Arkansans, we’re grateful and relieved that this unconstitutional effort to criminalize poverty has been struck down once and for all.”

state argued that measure still allowed begging in many forms and that Arkansas h a compelling interest in preventing begging that could create traffic hazards and threaten people.

“ attorney general is disappointed with 8th Circuit’s ruling against Arkansas’ common-sense loitering statute that prevents abusive and harassing panhandling practices,” Rebecca Jeffrey, a spokeswoman for Attorney General Leslie Rutledge, said in an email. “She is reviewing for furr action.”

In a dissent, one of three judges said injunction should have only applied to two panhandlers challenging law and t prevent state from enforcing law statewide.

2017 measure was enacted after Wilson struck down a previous begging ban in state’s loitering law.