* 625 ILCS 5/11-1006(c)…
No person shall stand on a highway for the purpose of soliciting contributions from the occupant of any vehicle except within a municipality when expressly permitted by municipal ordinance. The local municipality, city, village, or other local governmental entity in which the solicitation takes place shall determine by ordinance where and when solicitations may take place based on the safety of the solicitors and the safety of motorists. The decision shall also take into account the orderly flow of traffic and may not allow interference with the operation of official traffic control devices. The soliciting agency shall be:
1. registered with the Attorney General as a charitable organization as provided by “An Act to regulate solicitation and collection of funds for charitable purposes, providing for violations thereof, and making an appropriation therefor”, approved July 26, 1963, as amended;
2. engaged in a Statewide fund raising activity; and
3. liable for any injuries to any person or property during the solicitation which is causally related to an act of ordinary negligence of the soliciting agent.
* Amanda Vinicky…
A federal judge has permanently banned Illinois’ panhandling law from being enforced on the basis the statute violates the First Amendment. The case was part of a yearlong effort by advocates including the American Civil Liberties Union and Chicago Coalition for the Homeless (CCH) to eliminate such laws.
But at least one Chicago alderman said the city wants a new plan to help curtail the aggressive begging that began after Chicago revoked its panhandling ordinance in late 2018.
In the case that resulted in the federal order issued Jan. 11, CCH attorney Diane O’Connell said the plaintiffs — a pair of homeless men, Michael Dumiak and Christopher Simmons — had been ticketed multiple times by Downers Grove police for soliciting for money when suburban homeless shelters were out of space. […]
In a federal decision handed down last week, Judge Robert Gettleman agreed, issuing a permanent injunction based on the finding that Illinois’ law is “a content-based restriction on the freedom of speech that is not justified by any compelling interest and that the provision violates the First Amendment and is unconstitutional on its face under clearly established law.”
The order is here.