Speet v. Schuette

889 F. Supp. 2d 969, 2012 WL 3865394, 2012 U.S. Dist. LEXIS 126127
CourtDistrict Court, W.D. Michigan
DecidedAugust 24, 2012
DocketCase No. 1:11-CV-972
StatusPublished
Cited by4 cases

This text of 889 F. Supp. 2d 969 (Speet v. Schuette) is published on Counsel Stack Legal Research, covering District Court, W.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Speet v. Schuette, 889 F. Supp. 2d 969, 2012 WL 3865394, 2012 U.S. Dist. LEXIS 126127 (W.D. Mich. 2012).

Opinion

OPINION AND ORDER

ROBERT J. JONKER, District Judge.

In this case, Plaintiffs James Speet and Ernest Sims challenge a Michigan statute, Mich. Comp. L. § 750.167(l)(h), that makes it a crime to beg in a public place. They assert that the statute, both on its face and as applied to them, violates the First Amendment and the Equal Protection Clause of the Fourteenth Amendment of the Constitution. They seek declaratory and injunctive relief. They also seek damages against individual police officers who enforced the statute, and against the City of Grand Rapids.

Before the Court are cross-motions for partial summary judgment on Plaintiffs’ claims that Mich. Comp. L. § 750.167(l)(h) is unconstitutional on its face. The parties agree that there is no genuine issue of material fact regarding the facial challenge and that judgment as a matter of law is appropriate. The Court has heard oral argument on the cross-motions, thoroughly reviewed the record, and carefully considered the applicable law. The cross-motions for partial summary judgment are ready for decision.

Background

Mr. Speet is an adult resident of Grand Rapids, Michigan and has been homeless for approximately two years. (Verified Compl., docket # 1, at ¶ 21.) He receives food stamps, and he gleans cash by collecting and redeeming bottles, cans, and scrap metal. (Id. at ¶22.) He has no other sources of income. He occasionally seeks assistance from others by holding up a sign asking for work or help. (Id. at ¶¶ 22-23.) When seeking work or help, Mr. Speet holds up a sign but does not approach passersby directly. (Id. at ¶ 24.) Mr. Speet sees himself as informing people about his situation and his need for help by holding up his sign. (Id. at ¶ 25.) Some of his signs have read, for example, “Cold and Hungry, God Bless,” and “Need Job, God Bless.” (Id. at ¶¶30, 40.) He has obtained odd jobs, such as mowing lawns, and painting a garage, from individuals seeing his sign. (Id. at ¶ 27.) Mr. Speet was arrested and prosecuted in Grand Rapids twice for begging in 2011. (Id. at ¶29.) On one of those occasions, he was jailed. (Id. at ¶ 43.) He has also been [973]*973arrested and prosecuted for begging elsewhere in Michigan. (Id. at ¶ 44.)

Mr. Sims, an adult resident of Grand Rapids, is an Air Force veteran. (Id. at ¶ 52.) He has a disability and receives approximately $260 per month in state disability insurance. (Id.) He also receives food stamps. (Id.) Mr. Sims attends Grand Rapids Community College, in pursuit of a career in electronics. (Id. at ¶ 53.) He occasionally begs for money, typically by asking individuals if they can spare change for a veteran, and moving on if the individual declines. (Id. at ¶¶ 54-55.) Mr. Sims was prosecuted for begging several times in Grand Rapids in 2005. (Id. at 56.) On July 4, 2011, Mr. Sims was arrested for begging in Grand Rapids after he asked a person on the street whether that person could spare some change. (Id. at ¶¶ 59-60.) He ultimately pled guilty to a panhandling charge and was fined $100.

The statute under which Mr. Speet and Mr. Sims were arrested, prosecuted, and punished provides:

(1) A person is a disorderly person if the person is any of the following:
(h) a person found begging in a public place.

Mich. Comp. L. § 750.167(l)(h). A person convicted under section 750.167(l)(h) is “guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.” Mich. Comp. L. § 750.168(1).

The State of Michigan and the City of Grand Rapids (collectively, the “government”) assert that Michigan’s statutory ban on public begging is constitutional on its face, and they emphasize that the statute serves several desirable purposes. According to the government, the ban helps businesses, because the presence of people begging in or near business establishments may deter others from patronizing those businesses. The government also emphasizes that the ban on begging helps prevent fraud, because beggars may not use the contributions for the purposes donors intend. Indeed, the government observes, some beggars may use such contributions for alcohol and illegal drugs. The government also points out that begging can be intimidating or annoying to others and that the ban helps protect the public from harassment.

Mr. Speet and Mr. Sims contend that the statute is facially unconstitutional under the First Amendment, “because it is a content-based restriction on protected speech in a public forum that is not narrowly tailored to serve a compelling state interest, and because it prohibits a substantial amount of protected speech,” and also facially unconstitutional under the Equal Protection Clause of the Fourteenth Amendment, “because it prohibits individuals who wish to beg from engaging in protected First Amendment activity in public places, while allowing other persons to engage in First Amendment Activity in public places.” (Id. at ¶¶ 123,129.)

Legal Analysis

The First Amendment provides that “Congress shall make no law ... abridging the freedom of speech.” Through the Fourteenth Amendment, this prohibition applies to state and local governments as well. Cantwell v. Connecticut, 310 U.S. 296, 303, 60 S.Ct. 900, 84 L.Ed. 1213 (1940); Parks v. City of Columbus, 395 F.3d 643, 647 (6th Cir.2005). The Fourteenth Amendment also forbids state and local governments from denying to any person within their jurisdictions the equal protection of the laws. “Only a statute that is substantially overbroad may be invalidated on its face.” City of Houston v. Hill, 482 U.S. 451, 458, 107 S.Ct. 2502, 96 L.Ed.2d 398 (1987) (citations omitted). [974]*974Whether a statute is substantially over-broad depends primarily upon whether it reaches a substantial amount of protected speech or conduct. Id. (citing Hoffman Estates v. The Flipside, Hoffman Estates, Inc., 455 U.S. 489, 494, 102 S.Ct. 1186, 71 L.Ed.2d 362 (1982)). That it is possible to conceive an impermissible application, without more, does not render a statute facially overbroad. However, statutes “that make unlawful a substantial amount of constitutionally protected conduct may be held facially invalid even if they have legitimate application.” Id. Criminal statutes “must be scrutinized with particular care.” Id. at 459, 107 S.Ct. 2502.

I. First Amendment

To resolve Plaintiffs’ facial challenge to the statute under the First Amendment, the Court must first determine whether begging includes speech or expressive conduct protected under the First Amendment. Bays v. City of Fairborn, 668 F.3d 814, 820 (6th Cir.2012). If begging is protected speech or expressive conduct, First Amendment protections are triggered, and the Court must determine whether the government has justified its ban on begging. Miller v. City of Cincinnati 622 F.3d 524, 533 (6th Cir.2010).

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Bluebook (online)
889 F. Supp. 2d 969, 2012 WL 3865394, 2012 U.S. Dist. LEXIS 126127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/speet-v-schuette-miwd-2012.