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ACLU criticizes proposed GR ordinances 'targeting' panhandlers, unhoused people

Downtown Grand Rapids Social Zones
Posted at 1:58 PM, Jul 07, 2023
and last updated 2023-07-07 14:00:12-04

GRAND RAPIDS, Mich. — The American Civil Liberties Union of Michigan (ACLU) is asking the city of Grand Rapids and its Board of Commissioners to dismiss a series of proposed mandates it says violates the constitutional rights of panhandlers and those experiencing homelessness.

The proposals concern possible amendments to the Grand Rapids City Code on “disorderly conduct” and “nuisances.”

A committee discussion was held on the proposed ordinances during a June 13 meeting.

2023-06-13 Committee of the Whole - Full Agenda-5288 by WXMI on Scribd

Watch the discussion on the proposed ordinances starting at 2:53:25:

The civil rights group says the ordinances would give city officials the authority to confiscate “excess property” exceeding 32 gallons (roughly the capacity of a trash bag), forbid tents in public spaces and criminalize loitering or approaching other individuals in certain locations.

ACLU Attorney Dayja Tillman released the following statement:

“All residents of Grand Rapids have the right to be in public places. That includes people who don’t have a home to go to. Instead of passing laws that will result in the City paying more for jail beds, let’s invest in real beds. We need to focus on solutions that will address homelessness, not criminalize it.

“The City’s recent proposals exacerbate the challenges facing our unhoused residents by narrowing the already limited spaces in which they can exist and depriving them of their few possessions, rather than genuinely addressing their needs. And, while not explicitly stating so, the City again attempts to criminalize the act of panhandling.

“The danger of such laws is not simply that they may be applied unfairly, but that their very existence can deter constitutionally protected speech and behavior, creating a chilling effect.”

The city is scheduled to hold a public meeting on the proposed amendments Tuesday, July 11 at 2 p.m.

Read the ACLU’s letter full here:

Gr Ordinance Letter 7.6.23 Final by WXMI on Scribd

The city of Grand Rapids responded to ACLU's request with the following statement:

"The City Commission is considering and accepting public comments on proposed ordinance changes designed to maintain safe public spaces for all. The city staff have considered relevant law and constitutional considerations in presenting the proposed ordinance changes for City Commission consideration.

"The proposed changes seek to better define some previously undefined conduct. The proposed changes are intentionally content neutral. The proposed changes also embed due process and other constitutional considerations into City operations that are aimed at ensuring overall public health and safety. The focus of the available remedies in the proposed ordinance changes are civil and not criminal in nature. Despite the mischaracterization of the proposed ordinance changes, the City of Grand Rapids remains committed to solution-based collaboration. We welcome public input and will conduct a public hearing on the proposed ordinance changes on Tuesday, July 11 at the City Commission’s 2 p.m. meeting."

READ MORE: How the city of Grand Rapids plans to address health, safety

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