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The American Civil Liberties Union of Ohio has filed a lawsuit against the city of Akron for what it says is an unconstitutional panhandling ordinance.

(Plain Dealer file photo)

AKRON, Ohio -- The American Civil Liberties Union of Ohio has filed suit against the city of Akron for a decade-old panhandling ordinance that it says violates First Amendment rights of people who beg for money.

The lawsuit, filed Tuesday in federal court in Akron, calls the ordinance impractical, noting that it requires anyone who wishes to panhandle to register with the city, to wear identification badges and only allows them to ask for money during daylight hours.

It says the ordinance dissuades "spontaneous panhandlers" and that those who are wary of police are required to face them to then beg for money.

The ACLU says police exploit the law as a means to shoo away the homeless, even if they are not violating the ordinance.

"Upon information and belief, the Anti-Panhandling Ordinance is only enforced against individuals who are perceived to be poor or homeless, and not against other individuals who solicit funds, for example, in connection with nonprofit corporations," the lawsuit says, later saying that the law "further stigmatizes and demeans the homeless and very poor in Akron."

The organization is representing three homeless people, Jerry Hill, Susan Myers and Jeff Davis, who all ask for money on the city streets. Hill and Myers are registered with the city, while Davis is an Iowa resident and is not registered.

In addition to the city, Mayor Dan Horrigan is named as a defendant, as is police Chief James Nice. The organization is asking a federal judge to declare the law unconstitutional and to pay an unnamed amount in damages and attorneys' fees.

The ACLU is also asking the judge to bar enforcement of the ordinance while the case is pending.

(You can read the lawsuit and the request for an injunction at the bottom of this story.)

"The First Amendment provides the same protection to all of us," Joe Mead, a volunteer attorney with the ACLU of Ohio, said in a news release. "It doesn't matter if you are rich or poor, you have the right to express yourself in public spaces."

A city spokeswoman declined to comment on the lawsuit.

The ordinance was passed in 2006, in the wake of instances in which panhandling turned into an assault, the city's police chief said at the time. The law at the time was modeled after similar ordinances passed in Cincinnati and Dayton.

Homeless advocates have expressed their concerns about the law since it was passed. The ACLU in January sent a letter expressing its concerns about the law and met with the City Council in April.

In a court filing, the ACLU says that the City Council passed the ordinance after "having heard the preferences of a few business owners."

The case is assigned to U.S. District Judge John Adams in Akron. Adams, a foe of former Mayor Don Plusquellic, also presides over a settlement with the U.S. Environmental Protection Agency over mandated improvements to the city's sewer system.

Adams also previously presided over a decade-long case brought by some city firefighters regarding discrimination over promotions in the fire department.

Updated after receiving a response from the city of Akron.

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