ACLU sues Fort Collins for police panhandling enforcement

The Colorado arm of the American Civil Liberties Union on Tuesday filed a class action lawsuit against the City of Fort Collins, specifically police, challenging enforcement of a panhandling ordinance that it says violates free speech rights for people who are homeless and impoverished.

Four individuals who identified as homeless are named in the suit, filed "on behalf of all others similarly situated." Photos and brief biographies of the four individuals maintain they "peacefully and politely solicited charity from passersby" and they want to be free to continue "without fear that police will enforce the challenged ordinance."

"We don't object to a narrowly and carefully tailored ordinance that targets threatening, menacing or coercive behavior," ACLU Legal Director Mark Silverstein said. "But this ordinance is far too broad."

Silverstein on Tuesday morning said the group obtained copies of about 100 citations issued between August 2012 November 2014 and two-thirds of them were written for people who were taking part in "passive solicitation" like holding a sign. Silverstein in 2010 contacted the city attorney's office after a street performer was warned by police his actions could be classified as violations of the panhandling ordinance.

After that talk, Silverstein said it appeared discrepancies with the ordinance had been resolved. The recent uptick forced the issue into something that could not be easily resolved outside of court.

The 29-page document also includes allegations from Greenpeace, Inc. that Fort Collins police have started targeting the activists' canvassing procedures in Old Town. An officer in December reportedly told a canvasser those actions of soliciting donations were still illegal, according to the complaint.

"Greenpeace canvassers have ceased soliciting donations in downtown Fort Collins. Greenpeace wants to be free to continue it peaceful solicitation of donations without fear that police will enforce the challenged ordinance against its canvassers," the suit reads.

Fort Collins municipal code restricts where and from whom individuals can solicit charity. Individuals are barred from panhandling within 100 feet of an ATM or bus stop, soliciting during nighttime hours and acting in a manner that is "threatening, intimidating, coercive or obscene.

"Panhandling is protected speech under the First Amendment and is legal in Fort Collins," the city states on its website. "However, the City of Fort Collins Solicitation Ordinance does prohibit panhandling (defined as knowingly approaching, accosting, or stopping another person in a public place and soliciting for a gift of money or thing of value)" in certain circumstances, including:

½ hour before sunset to ½ hour before sunrise

In a manner that is threatening, intimidating, coercive or obscene

Touching or grabbing a person being solicited

Following and continuing to solicit a person who declines

Obstructing free passage of pedestrians on public sidewalks

Within 100 feet of an ATM or bus stop

On a public bus

In parking structures, lots or other parking facilities

From a person in a vehicle

From customers in outdoor seating areas

The ACLU alleges that Fort Collins police have broadly applied the guidelines to a point where it mirrors a complete ban on panhandling throughout the city.

"...Requests for charity pose no risk to public safety, and their communications requesting assistance are squarely protected by the First Amendment," the complaint reads.

The complaint was filed Tuesday in federal district court in Denver. It asks to the court to grant and emergency injunction to stop the city's current practices of enforcement that violates "the First Amendment right of plaintiffs to engage in peaceful and nonthreatening charitable solicitation in public spaces in Fort Collins."

Tuesday isn't the first time the ACLU of Colorado has challenged ordinances geared toward panhandling. The group in 2012 fought against a Colorado Springs ordinance that designated a 12-block area as a no-solicitation zone. A judge in a preliminary ruling found that ordinance was "likely unconstitutional."

Fort Collins Police Services declined to comment about the suit on Tuesday and said all inquiries were being directed to the city attorney's office.

Interim City Attorney Carrie Daggett said in a statement the office is "in the process of reviewing the claims at this time" and that it would "not likely have a comment at least until we've had a chance to review and evaluate the documents that we've received."

Reporter Jason Pohl covers breaking news for the Coloradoan. Follow him on Twitter: @pohl_jason.