Summary
The Kentucky Supreme Court held that Lexington-Fayette Ordinance 14-5, which criminalized begging and solicitation on public streets and at intersections, was an unconstitutional content-based restriction of protected speech under the First Amendment. Applying strict scrutiny, the court concluded that the ordinance was not narrowly tailored to the government's asserted interests in public safety and traffic flow. The court reversed the circuit court's judgment and remanded the case for dismissal of the charge.
Topics
Practice areas
Questions Presented
- Whether Lexington-Fayette Urban County Ordinance 14-5 is a content-based regulation of protected speech under the First Amendment.
- Whether Ordinance 14-5 survives strict scrutiny.
- Whether Champion's conviction under the ordinance must be reversed and the charge dismissed.
Holdings
- Panhandling is constitutionally protected speech and must be reviewed under the same First Amendment standards applicable to other protected expression.
- Ordinance 14-5 is a facially content-based regulation of speech because it singles out messages seeking financial assistance while leaving other messages lawful in the same traditional public forums.
- Ordinance 14-5 fails strict scrutiny because the government did not establish that prohibiting begging and solicitation alone furthers a compelling interest or is narrowly tailored to serve that interest.
Key quotations
“So we are confident that case law and normative considerations support the ultimate conclusion that panhandling is constitutionally protected speech.” (335)
“On its face, Ordinance 14-5 singles out speech for criminal liability based solely on its particularized message.” (338)
“So under a close and careful review of First Amendment precedent and principles, we must unavoidably hold that Lexington Ordinance 14-5 is an unconstitutional regulation of speech.” (339)
Factual background
Champion stood at a prominent Lexington intersection holding a handmade sign seeking financial assistance. A law-enforcement officer cited and arrested him for violating Ordinance 14-5, which criminalized begging or soliciting on public streets or at public-street intersections. The ordinance imposed a fine, imprisonment, or both, and applied to conduct seeking any form of financial contribution.
Procedural history
Champion was arrested and charged with violating Lexington-Fayette Urban County Ordinance 14-5, which prohibited begging or soliciting on public streets and at public-street intersections. After failing to appear, he was arrested, arraigned, and entered a conditional guilty plea in district court. The district court entered judgment, the circuit court affirmed on appeal, and the Kentucky Court of Appeals declined discretionary review. The Supreme Court of Kentucky reversed and remanded for dismissal of the charge.
Remand instructions
Remand to the Fayette District Court with direction to dismiss the charge against Champion.