Court rules portions of Lakewood panhandling unconstitutional

LAKEWOOD, Wash. — When Robert Willis was cited and convicted for illegally panhandling on a Lakewood freeway on-ramp in 2011, he decided he was going to fight back.

"I had a sign that was saying need work, will work, any work helps," Willis said. "Well the next thing I know an officer comes up and says panhandling is against the law."

Lakewood, like several cities in Washington state, has outlawed holding signs asking for money at major intersections and freeways on and off ramps saying it's aggressive begging and disrupts traffic.
 
Willis was convicted and sentenced to 90 days in jail. But he says he was only exercising his First Amendment rights. So he pursued appeals from Lakewood Municipal Court all the way to the Washington State Supreme Court.
 
On Thursday, the court released its ruling, calling portions of Lakewood's ordinance unconstitutional because they violated state and federal free speech rights.
 
"I think it was a great decision," said Willis.
 
Willis' attorney David Iannotti argued Lakewood's panhandling ordinance unfairly targets people asking for money, but allows other types of displays in the same places, including political campaigners waving signs and charity fundraising soliciting donations from passing drivers.
 
"Our issue with it was the fact that it was targeting one specific portion of the population," said Iannottii. "And it was a population that was essentially asking for help."
 
Four Washington Supreme Court justices agreed, three justices disagreed and two abstained
 
Emily Chiang legal director for the Seattle office of the American Civil Liberties Union, which filed briefs in support of Willis' appeal, says the ruling could have a wide-ranging impact on other cities, including Tacoma, with a tough anti-panhandling ordinance that has been held up as a model for municipalities statewide.

"I expect that many cities, in the wake of this decision, will or at least should be, taking a look at whatever panhandling statutes they have on the books," Chiang said.

Tacoma is reviewing its panhandling ordinance following the ruling. The Lakewood City Council issued a statement saying they and other cities would have to, "explore alternatives for addressing aggressive begging which disrupts traffic and pedestrians.".
 
Willis says those new laws shouldn't violate the rights of people like him.
 
"There's a lot of people out there like me going to jail over being broke," Willis said.

Cox Media Group