In Fall River Case, SJC Declares Panhandling Law Unconstitutional
A state law that prohibits certain people from asking motorists for money along the roadway was struck down Tuesday by the Massachusetts Supreme Judicial Court.
The anti-panhandling law violates the First Amendment to the U.S. Constitution and the Massachusetts Declaration of Rights because it is a content-based regulation of protected speech in a public forum that cannot withstand strict scrutiny, the SJC wrote in its decision.
The case got its start in Fall River with two homeless plaintiffs – John Correira and Joseph Treeful – who were issued dozens of criminal complaints in 2018 and 2019 after standing with signs and accepting money from motorists. Fall River Police in those two years issued around 150 complaints against roadway solicitors under the law known as Section 17A.
All Solicitors Should Be Banned From the Roadways [OPINION]
The Massachusetts Supreme Judicial Court has ruled that Fall River s ban on begging for money from people in cars is unconstitutional. Police say they will adhere to the decision.
We ve all seen them – beggars, who stand in the median or on corners soliciting donations from folks who are held hostage by red lights. They are a blight and should not be allowed. They are also a safety hazard for motorists who have enough to contend with on the road.
WBSM News reports the Supreme Judicial Court has ruled that the state law banning solicitations by those who claim to be in need is a violation of the First Amendment.
Analysis: The case that decided mandatory vaccinations
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STRATFORD, ENGLAND - DECEMBER 15: A vial of the Pfizer/BioNTech Covid-19 vaccine is seen during a vaccination clinic at the Sir Ludwig Guttmann Health and Wellbeing Centre on December 15, 2020 in Stratford, England. After rolling out the vaccine to dozens of hub hospitals last week, the NHS is now enlisting several hundred primary care practices in its covid-19 vaccination campaign. (Photo by Leon Neal/Getty Images)Leon Neal / Getty ImagesShow MoreShow Less
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STRATFORD, ENGLAND - DECEMBER 15: Professor Martin Marshall, Chairman of the Royal College of General Practitioners Council, administers a Pfizer/BioNTech COVID-19 vaccine at a vaccination clinic at the Sir Ludwig Guttmann Health and Wellbeing Centre on December 15, 2020 in Stratford, England. After rolling out the vaccine to dozens of hub hospitals last week, the NHS is now enlisting several hundred primary care practices in its covid-1
Full Interview: State House reporter Mike Deehan on Morning Edition
Bakerâs âMiddle Roadâ Approach To Rollback Leads Towns To Take Collective Action On Pandemic
Governor Charlie Baker speaks during a recent press conference at the Massachusetts State House.
Pat Greenhouse / Boston Globe via Getty Images
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Yesterday, Mayor Marty Walsh announced that the city of Boston will roll back its reopening plan to combat the winter surge of coronavirus, a move joined by neighboring towns of Arlington, Brockton, Lynn, Newton, Somerville, and Winthrop. The news comes amidst criticism of Massachusetts Governor Charlie Baker
as he rolled the state back to Phase III, Step 1 last week. GBH News State House reporter Mike Deehan joined Joe Mathieu on
To print this article, all you need is to be registered or login on Mondaq.com.
The Massachusetts Supreme Judicial Court on December 10, 2020
rejected a broad challenge to Governor Baker s authority to
issue emergency orders intended to combat the ongoing COVID-19
pandemic. Rejecting both the plaintiffs statutory and
constitutional claims, the SJC s opinion in
Desrosiers v.
The Governor endorses the Governor s continued
authority to act without additional legislative authorization.
The plaintiffs – a coalition of business owners operating
hair and tanning salons, a gym, restaurants, two houses of worship,
a religious academy, a family entertainment center, and a
conference center – argued that the string of executive