SALT LAKE CITY (AP) - A homeless man who has repeatedly challenged a state panhandling law is once again suing a Utah city, arguing he has the right to solicit contributions near roadways.
The Utah Legal Clinic and Utah Civil Rights and Liberties Foundation filed the lawsuit Thursday in federal court on behalf of Steve Ray Evans.
Evans claims that the threat of being arrested in Sandy has stopped him from panhandling in the city boundaries.
On April 18, Evans was cited by Sandy City Police for allegedly violating the law. Police told him if he continued to panhandle, he’d be cited again or arrested, the lawsuit states.
Evans panhandles and solicits donations “because it is the only way he can bring in enough money to survive,” attorneys argue in the lawsuit.
“He holds a sign visible to passers-by including passing vehicles. He has found holding a sign to be an effective means of communicating with people,” the lawsuit said. “He does not approach or speak to people unless invited to do so.”
The Utah Legal Clinic and Utah Civil Rights and Liberties Foundation are representing Evans in the case.
The lawsuit asks the court to declare the panhandling law unconstitutional, award him an unspecified amount of damages and pay his court costs.
Sandy city spokeswoman Nicole Martin said the city had no comment on the lawsuit Friday.
Violators of the state panhandling law can face a possible 90 days in jail and a fine of up to $750, The Salt Lake Tribune reported (https://bit.ly/1fF4OWB ).
Utah code makes it illegal to “sit, stand or loiter on or near a roadway” in order to solicit a ride, money, employment or other business.
Evans has filed similar lawsuits against the cities of Draper, American Fork and Salt Lake City and the Utah Highway Patrol.
The cities all reached settlement agreements with Evans, except the state, representing the Utah Highway Patrol.
In March 2012, a federal judge ruled in that case that the law was unconstitutional and shouldn’t be enforced.
During the most recent legislative session, lawmakers passed and Gov. Gary Herbert signed a new panhandling law in response to the judge’s ruling.
The new law, which takes effect May 13, bars panhandling or other behavior that blocks or impedes traffics near state highways, freeways and nearby areas such as off-ramps. It also prohibits aggressive soliciting within 10 feet of a bank entrance or an ATM.
The new panhandling law does not apply to Evans’ case against Sandy because it wasn’t in affect at the time police stopped him in April.
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Information from: The Salt Lake Tribune, https://www.sltrib.com
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