Mich begging law ruled unconstitutional

GRAND RAPIDS, Mich. (WOOD) - A day after a Grand Rapids panhandler learned his lawsuit had helped legalize begging in Michigan, he was in jail -- on a begging charge.

James Speet, 38, one of two plaintiffs in a federal lawsuit that was settled on Friday, spent the weekend in the Kent County Jail after a begging arrest Saturday in the city of Kentwood.

"It's pretty astounding that one day after the court ruling, Mr. Speet is back in jail for the very crime that is not a crime," said ACLU attorney Miriam Aukerman, who filed the panhandling lawsuit on behalf of Speet and another Grand Rapids panhandler.

Along with the state, the ACLU targeted the city of Grand Rapids because it has hit panhandlers especially hard, with 399 arrests in 3.5 years, Aukerman said.

Speet and his co-plaintiff, Ernest Sims, were among those arrested repeatedly.

"Here are two individuals -- really among the least of us -- individuals who many of us would walk by on the street and not recognize and not notice, and they stood up for their rights," Aukerman said.

The city and state argued the law was constitutional and that beggars harassed and annoyed the public and were bad for local businesses.

On Friday, panhandlers won their lawsuit.

U.S. District Judge Robert J. Jonker ruled the anti-begging law violated not only the First Amendment, but the equal protection clause of the 14th Amendment.

"The judge recognized that the First Amendment, the right to speak freely, isn't just for the rich," Aukerman said. "It's also for the poor. Everyone has the right to speak freely, and that includes asking for help if you need it."

The next day, Speet was holding up a sign, asking for money, in the area of 29th Street and Broadmoor Avenue SE in Kentwood, Aukerman said.

"There were some folks who were giving him apples and sandwiches, and some folks were giving him cash," she said.

Then, a Kentwood police officer gave him a ride to jail, even after Speets tried to explain the court ruling, Aukerman said.

"The officer said no. They basically didn't believe him," she said.

The ACLU says Kentwood police arrested Speets under a local begging ordinance -- not the tossed-out state law.

"This really points out that a lot of towns and cities are now going to have to look at their local laws that outlaw begging, and say, are these constitutional?" Aukerman said.

Kentwood police could not be reached for comment.

As for the city of Grand Rapids, police say they will no longer make arrests for begging in public while an appeal is considered.