ACLU Targeting Waukesha Panhandling Law

WAUKESHA, WI -- Eight Wisconsin cities, including Waukesha, are being targeted by the American Civil Liberties Union of Wisconsin for repeal of their local anti-pandhandling laws.

The ACLU and the National Law Center on Homelessness and Poverty sent letters Tuesday to Altoona, Glendale, Mequon, Racine, Superior, Shorewood and Wauwatosa.

“These cities should take these unconstitutional laws off the books and instead look for more constructive ways to address the needs of our fellow citizens experiencing homelessness and poverty,” Chris Ott, executive director of the state ACLU chapter, said in a prepared statement.

According to a Leader-Telegram report, since a 2015 Supreme Court decision in a free speech case, courts have struck down 25 other city ordinances against panhandling as unconstitutional. Another 31 cities repealed their ordinances, they added.

Here is the text of Waukesha's law:

(1) PURPOSE. The City of Waukesha has a legitimate interest in ensuring the public
safety, order, and well being of its citizens in public places; in promoting the free flow of
traffic on public streets and sidewalks; to prevent pedestrians from being hampered in
their access and movement, and to keep pedestrians and passersby from being intimidated
and threatened by panhandlers.
(2) DEFINITION. Panhandling means begging, soliciting, or asking for a handout or any
item of value without giving consideration in return.
(3) PROHIBITIONS. (a) It shall be unlawful for any person to engage in the act of
panhandling in the following places:
1. At a bus stop.
2. At any public transportation vehicle or public
transportation facility.
3. Within 50 feet of any automated teller machine or the
entrance to a bank.
(b) It shall be unlawful for any person to engage in panhandling, in a
manner which is intended to intimidate another person into giving away
money or goods. Such conduct would include, but not be limited to,
intentionally approaching, speaking to, or following a person in a manner
that would cause a reasonable person to fear imminent physical injury or
the imminent commission of a criminal act upon the person or the property
in the person’s immediate possession; intentionally touching another
person without consent; intentionally blocking or interfering with the free
passage of a person; following behind, ahead or alongside a person who
walks away from the panhandler after being solicited for a handout or any
item of value continuing to engage in panhandling with said person.
(4) PENALTY. Any person violating this section upon conviction shall forfeit an amount

no more than Fifty Dollars ($50.00)

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