WWL>Topics>>11-13 6:45am Tommy, panhandling

11-13 6:45am Tommy, panhandling

Nov 13, 2013|

Tommy talks to Marjorie Esman, the Executive Director of the Louisiana ACLU, about a court decision that declared a New Orleans law on panhandling unconstitutional

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Automatically Generated Transcript (may not be 100% accurate)

Marjorie Asman joins us right now with the ACLU. Talk about the legal part of what exactly happened and what the loss -- before and has some thousand people were arrested the last three years under the law and and can't do that anymore morning Marjorie. More -- -- I'm well thank you tell me mom I guess exactly what the laws said and what the court says about it. Well -- actually understand that this but the law and struck down one forwards in the 1980s and went in the 1990. So by the time that other people in large numbers here three years ago to court had already said that it was illegal to be electing people under the law. On to the current ruling is nothing new c'mon you know and the fact is that did for the police to have been. All right and people under a law that had been shut down. You know thirty years ago essentially. The police shine disrespect for the move -- serious problem. Now that said what the law. Line -- prohibited. Taking -- handling which is essentially just standing on the street and an income from money. Demand and the reason and it's unconstitutional. Prohibit that it can't stand -- First Amendment free speech. Everybody has the right and company for money and everybody else has the right to refuse or as the previous caller did you know be be generous and gracious friend and give them something. Affect the evening now want to. Support someone who is betting action means that they have the right. The free speech rights -- -- for money. What does a loss say about. Aggressiveness when he comes here to panhandling is too little when they say -- night at the right is when my -- songs have been hit your nose. OK get aggressive panhandling is a different thing and that is not. -- covered here. But how do you determine what's aggressive and what -- -- -- his retirement our nation's a year. Our legal definitions and the definition is you know aggressive panhandling in and they are sometimes the problem for those definitions as well defined them. In -- into the clear but basically. That you do that the ET -- tactic that somebody's arm. If you blocked their way -- that they can't EU. Those kind of things button and a I don't know that that fall in the legal definition under the city's north ordinance not have to you know check it. I have respect probably not because you can get eaten -- -- nap but you know that legal definition. But but this law that was just struck him for the third time. Would simply be standing on the corner with science says that says you know -- hungry priest helped. And -- that you not anybody play you know hurting anybody at catching anybody or not you'd just simply standing there saying. You know -- give me some money. Was there some selective enforcement going on doesn't think in. And get a cheer leader team that wants to go to Florida for nationals -- softball team those kind of things in Europe there. -- a gimmick and I mean -- -- how's it different than homeless guys standing there with a sigh well. The question and that's part of part of the problem you're absolutely -- question I was selected enforcement these things you know it. Police officer will make judgments and sometimes that consequence and they're not that bill. About what they think you know he is crossing the line and and certainly. Eatery you're absolutely right -- have people. Aching for war effort school trip or something like that that meant to be disregarded in no way again. -- ill homeless person who's dressed in nothing close. Hitting on a corner. Would do but political circumstances. Is that everybody in this country. Thank -- Has the right to engage in free speech and acting means asking somebody for money and everybody has the right to say now to walk away and ignored them whatever. But we can't have the government. I'm telling you what you -- to say because I want to crack that line is no stopping. And get some text here Marjorie has in the ACLU talk about the loitering in I don't know that the law is loitering game is that on private property only. I don't know what you're what the person that. I had in my standing in the same place LD is loitering. Left standing in the same place and it is perfectly legal front court has has ruled on active. You have a right to stand anywhere you want to take on public property on public of you don't have the right and then anybody else's private property that the permission but a street corner side block you know. -- property anybody has the right to be there and any time for any meat and that you can't there all day long and and -- and you have to realize that yet because somebody doesn't want to see it. That means that the prisoner in -- do it. Because after all you know how he. -- distinguish between. Somebody in a corner you know and you don't want to see them and you're right in. You know. Chance for Martin -- or sign up for a politician when an exact. Exactly like constantly held all you love them whenever -- -- like everybody the same rights and you don't want to see it in Egypt and the local. Marjorie appreciate your time it is sure and a great day.