Lawsuit Claims Downers Grove Panhandling Laws Unconstitutional

DOWNERS GROVE, IL — The village of Downers Grove has been named in a lawsuit by the American Civil Liberties Union and the Chicago Coalition for the Homeless that contends its laws about panhandling are unconstitutional. The lawsuit was filed on behalf of two homeless men, Michael Dumiak and Christopher Simmons, who say they have been "harassed, ticketed, and prosecuted" for asking for money at the intersection of Butterfield and Finley, a place where they say firefighters and other organizations have been known to solicit donations.

A statewide statute makes it illegal to stand in the road to ask for monetary contributions, employment, or rides. The statute effectively "prohibits all roadside panhandling, at all times and all locations, even when such activity is not dangerous or disruptive," the lawsuit states.

Municipalities like Downer Grove are able to exempt some organizations from prosecution for panhandling. As a result the village's municipal code reportedly prohibits panhandling at intersections, but makes allowances for religious organizations, charities, and other associations, according to the lawsuit.

Michael Dumiak, one of men represented in the lawsuit, said in a statement that he does not feel he is causing harm by asking for cash. Dumiak said, "All I want to do is to ask for help when I need it. I’m not blocking traffic or putting myself at risk – I’m just holding a cardboard sign. "

In addition to the Village of Downers Grove, the lawsuit also names DuPage County State's Attorney Robert Berlin, several individual Downers Grove police officers, and Brendan Kelly, Acting Director of the Illinois State Police.

"By choosing to ban only certain topics of speech, the state of Illinois and Downers Grove are unjustly targeting people who need help making ends meet," ACLU Senior Staff Attorney Amy Meek.

Downers Grove Communications Director Doug Kozlowski sent Patch a statement from the village about the panhandling lawsuit Thursday afternoon.

The Village of Downers Grove supports the ACLU and appreciates its attention and suggestions regarding this matter. Following receipt of a letter from the ACLU in March 2019 regarding the tickets issued, the Village immediately dismissed the pending charges and the police department was instructed to cease enforcement of the statute. The lawsuit came as a surprise given the Village’s cooperative response to the ACLU’s letter.

Read the full complaint below: