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'It only prolongs their homelessness': ACLU of Iowa asks Davenport, Bettendorf to repeal panhandling bans

In a letter, the ACLU said the current ordinances in both cities violate the First Amendment right to free speech.

BETTENDORF, Iowa — In a letter to four Iowa cities, the ACLU of Iowa has asked for the repeal of local panhandling ordinances, saying such laws interfere with a person's right to free speech. 

Davenport, Bettendorf, Dubuque and Coralville all received letters on Tuesday, April 5. Each city has some variation of a panhandling ban, where it's not permissible to stand on intersections or medians and ask drivers for money. 

If those ordinances are not repealed, the ACLU says each city runs the risk of future legislation. 

"Laws like this that outlaw panhandling are unconstitutional because they wrongly block individual's free speech rights," said Shefali Aurora, an ACLU of Iowa staff attorney. "Such ordinances are also ineffective because by criminalizing poverty, all they do is drive people further into homelessness." 

Bettendorf's city attorney, Chris Curran, sent a statement to News 8 saying, "We are reviewing the letter, and we will further examine our ordinance to determine whether any changes are necessary." 

By Tuesday evening, no one from the Davenport city government had returned our requests for comment. 

The ACLU says the First Amendment protects the right to ask for help and argues that over the past few years, more than 70 cities across the country — including Des Moines, Council Bluffs and Grimes in Iowa — have repealed similar ordinances. 

"Punishing homeless people with fees, fines and arrests for simply asking for help is not only unconstitutional, but also inhumane. It only prolongs their homelessness," Aurora said. 

It's why the letters call for three actions. First, the ACLU would like all four cities addressed to immediately repeal any ordinances against panhandling. 

Then, the nonprofit is asking each municipality to instruct its officers not to enforce the laws during the repeal process. This follows a 2018 incident in Grimes, Iowa, where city officials agreed not to enforce the panhandling ban but did not communicate that intent to the Polk County Sheriff's Department which continued to enforce the ordinance. 

And finally, the letter asks that any pending prosecutions under the laws be dismissed. 

"Access to housing and services are the only true solution to homelessness in our communities. Rather than criminalizing panhandling through ordinances like these cities can modify restrictions and infrastructure to optimize pedestrian and traffic safety, while avoiding being prejudicial to those in poverty and also, without limiting protected speech," Aurora said. 

Tuesday's letters were part of a second-round review of Iowa cities and their laws. Aurora cautioned that if a town did not receive a letter this time, it should not assume that its ordinances will pass constitutional muster. 

The ACLU says if you have been cited, arrested or told to move because of panhandling, to contact the ACLU of Iowa at legal.intake@aclu-ia.org or by sending a letter to ACLU of Iowa Legal Intake, 505 5th Ave. #808, Des Moines, IA 50309.  

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