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Social Media Public Comment from Jim CossittAimee Brunckhorst From: Jim Cossitt < j i m.cossitt@g ma i I.com > Sent: Monday, April 12, 2021 12:56 PM To: Kalispell Meetings Public Comment; Kalispell City Council Subject: [EXTERNAL] Social media / public comment Attachments: 2014-01-02 - Judge -rules -in -favor -of -ACLU -.pdf; 2015-10-01 - ACLU press release Grand Junct void.pdf; 2015-11 - Tide Starts To Turn Against The 'Crime' Of Being Homeless _ NPR.pdf; 2015-10-01 - Grand Junction panhandling ordinance void.pdf Folks, Ryan Hunter, Donald Trump and every other elected official in between seem to have robust social media presence and none of them: a. have control over what their followers post; b. gave up their 1 st A rights under the US Constitution or the corresponding under Sections 3, 4, 6, 7 and 80f.- THE CONSTITUTION OF THE STATE OF MONTANA ARTICLE II. DECLARATION OF RIGHTS Part 11. DECLARATION OF RIGHTS Freedom Of Speech, Expression, And Press Section 7. Freedom of speech, expression, and press. No law shall be passed impairing the freedom of speech or expression. Every person shall be free to speak or publish whatever he will on any subject, being responsible for all abuse of that liberty. In all suits and prosecutions for libel or slander the truth thereof may be given in evidence; and the jury, under the direction of the court, shall determine the law and the facts. If there is a clash between the Open Meetings Law and protected political speech (which enjoys the highest level of legal protection and the regulation of which is subject to the strictest judicial scrutiny), the winner is the rights embedded in the Bill of Rights of the US Constitution or the Declaration of Rights in the Montana one. No brainier. The "concern" of City Manager Russell as reported in today's DI sounds like a manufactured concern to tamp down political expression by an individual in his individual capacity. Of course, that is completely consistent with this council's past illegal legislative action with respect to the 1 panhandling ordinance. I'm still looking for the right plaintiff to challenge that one in federal court. Ryan, if this does not get this sorted out to your satisfaction or this legislative body adopts any policy, proclamation or ordinance that in any way impairs, limits or degrades your ability to exercise your right to robust political speech as a private citizen, please reach out to me. I'll help you out pro Bono. No problem. I'm sure the Montana chapter of the ACLU would be happy to help as well. Thanks all, best wishes to you and this has generally a good place to live and work for the last 25 years. I will be out of her in less than a month but continue to maintain a virtual law practice here. Later, Jim Cossitt 922 Thornton Avenue, Des Moines, IA 50315-3036 Cell: 406-260-6969 1 Work: 406-752-5616 1 www.cossittlaw.com "Integrity is doing the right thing, even when no one is watching." CS Lewis "The last and greatest human freedom: the ability to choose one's own attitude in any given situation." Elie Wiesel 2 Judge rules in favor of ACLU in Boise panhandling ordinance lawsuit I KTVB.COM Boise Page 1 of 3 My Profile Sign Out KTVB.COM #1 FOR IDAHO NEWS &WEATHER Judge rules in favor of ACLU in Boise panhandling ordinance lawsuit .0 r Judge rules in favor of ACLU in Boise panhandling ordinance lawsuit by Jamie Grey Bio I Email I Follow: @KTVBJamieGrey KTVB.COM Posted on January 2, 2014 at 3,39 PM Updated Thursday, Jan 2 at 10,12 PM BOISE -- On Thursday afternoon, a U.S. district federal court judge ruled the City of Boise cannot enforce much of a new panhandling ordinance while a lawsuit is heard about the city code. The ordinance went into effect the same day. ACLU lawsuit claims First Amendment violations The ACLU of Idaho, along with other plaintiffs, filed the lawsuit in November in hopes of overturning the city's anti - solicitation measure, saying the ordinance violates the U.S. and Idaho Constitutions. The ruling stops the City of Boise from enforcing a portion of its new anti -solicitation ordinance that took effect Thursday. The preliminary injunction will remain in place while the case is litigated. As written, the code prohibits soliciting in places like public transportation vehicles (like city buses), and within 20 feet of an ATM, bank, sidewalk cafe, food truck, public bathroom, bus stop or taxi. Those are the types of restrictions U.S. District Judge Edward Lodge says the city can't enforce for now. Other parts of the ordinance restrict aggressive panhandling and asking for or taking money while standing in the street. Those parts are not part of the judge's preliminary injunction. The ACLU is specifically challenging restriction of non -aggressive panhandling in public places, saying it is too broad unlawfully restricts freedom of speech. "If the City of Boise was going to apply the law equally, as they should, that would mean that it would restrict anyone http://www.ktvb.com/news/politics/Judge-rules-in-favor-of-ACLU-in-Boise-panhandling-... 2/16/2014 Judge rules in favor of ACLU in Boise panhandling ordinance lawsuit I KTVB.COM Boise Page 2 of 3 from asking for any donations or anything of value in the downtown corridor," ACLU of Idaho Executive Director Monica Hopkins said. "If you were passing by me at a parking meter, and I didn't have change, I couldn't verbally ask you to give me a quarter. That's what the city was saying." Judge: This is a case about First Amendment right to ask for money in public In his 17-page order, Judge Lodge said the entire case is about whether under the U.S. Constitution, a person has the right to ask for money in public or if the "government can reasonably restrict such right to achieve appropriate governmental interests." Further, he wrote: "Charitable solicitation by individuals is protected by the First Amendment... Because the ordinance restricts charitable solicitations in certain areas of the City, the Court finds the plaintiffs have presented a colorable First Amendment challenge to [the ordinance] ." The judge pointed out some issues to look at with the ordinance, like that it doesn't restrict solicitation for things signatures like a petition in the same public areas and does not limit who is asking for money. The ACLU contends its efforts to talk to and accept donations in downtown Boise could technically fall under the law. While Lodge said the aggressive panhandling and in -street solicitations portions are clearly to protect public safety and may be enforced, he says most other restrictions need a closer look. He further said there is threat of irreparable harm if the ordinance were enforced now but struck down later, which is a possibility with the lawsuit. "Certainly, the First Amendment can lead to public inconvenience and annoyance, but such is a minor price to pay when the non -aggressive solicitations at issue can easily be ignored or avoided. The public's interest in restricting a person from asking for money in a non -aggressive manner does not outweigh a person's right to make a request for a charitable contribution," Lodge wrote. ACLU: This is a 'huge decision' The ACLU and other plaintiffs say the victory in getting a preliminary injunction on enforcement of much of the law is significant. "This decision just once again reinforces that people have a right, no matter if they have lost their home or not, have a right to free speech, have a right to participate in the public sphere whether or not it makes people uncomfortable just because they simply are [uncomfortable]," Hopkins said. "What [the city] did is release a Trojan horse of ordinances that would have restricted people's speech in the downtown corridor, and quite frankly was out to target poor people and homeless people," Hopkins said. "In the decision, Judge Lodge says very clearly that this case is not about whether or not people in a downtown corridor asking for money makes people uncomfortable. The purpose of free speech is sometimes it makes people uncomfortable, and you cannot just target specific people for the content of their speech." Plaintiff Troy Minton, who filed as an individual panhandler, says he asks for money to buy gas to get to interviews or temporary jobs he picks up. He says he got a call about the judge's decision while at the library applying for jobs and was happy to hear about the preliminary injunction. "I think a lot of people don't have the nerves to want to come up and want to fight somebody big like the city of Boise. They might have been too scared to do something," Minton said. Boise Police officers instructed not to take any action regarding panhandling code The City of Boise released this statement Thursday afternoon: The City of Boise is pleased that the court's ruling did not affect two key portions of the ordinance, those banning aggressive solicitation and solicitation in the roadway. It is also important to note that the court made no final ruling on the validity of the third portion of the ordinance dealing with solicitation within certain distances of ATMs, http://www.ktvb.com/news/politics/Judge-rules-in-favor-of-ACLU-in-Boise-panhandling-... 2/16/2014 Judge rules in favor of ACLU in Boise panhandling ordinance lawsuit I KTVB.COM Boise Page 3 of 3 sidewalk cafA©s, public transportation, etc. The ruling means only that this third section raised enough questions that the court opted to maintain the status quo while it reviews further evidence. Although the ordinance was to go into effect today (January 2), the City's plan has always been to emphasize education rather than enforcement for the first several months. The Mayor and City Council will review the court's ruling before determining next steps. A Boise Police Department spokeswoman says officers have been advised to take no action, meaning enforcement or education, until further notice. That instruction includes the aggressive panhandling portion. The department says violations like stepping into the roadway area already enforceable through state law. http://www.ktvb.com/news/politics/Judge-rules-in-favor-of-ACLU-in-Boise-panhandling-... 2/16/2014 11/4/2015 FEDERAL COURT STRIKES DOWN GRAND JUNCTION PANHANDLING ORDINANCE Published on American Civil Liberties Union (https: /www. aclu.org) FEDERAL COURT STRIKES DOWN GRAND, JUNCTION PANHANDLING ORDINANCE 1., DENVER -Federal District Court Judge Christine Arguello issued a 39-uage decision[2] yesterday striking down Grand Junction's panhandling ordinance, ruling that it violates the First Amendment rights of persons who wish to solicit charity in public places. Wednesdays ruling expands on an earlier order 131 in the case, issued in June, which held that the ordinance regulated speech on the basis of its content. That ruling required Grand Junction to meet the strictest standard of judicial scrutiny. In Wednesdays decision, the Court explained that Grand Junction had failed to justify its regulation of expression. "The ruling striking down Grand Junction's panhandling ordinance will have ramifications throughout Colorado," said Mark Silverstein, ACLU of Colorado Legal Director. "The reasoning of this decision, along with Supreme Court rulings earlier in the summer, signify that almost every panhandling ordinance in Colorado must be repealed or seriously amended." The ACLU of Colorado has initiated discussions with city attorneys in Denver and Colorado Springs about the need for repeal or for major revisions of their panhandling regulations. Police in Colorado Springs were recently ordered to stop enforcing most provisions of the city's two panhandling ordinances. Grand Junction adopted its ordinance in the spring of 2014, and the ACLU of Colorado filed its legal challenge before the ordinance went into effect. The challenged provisions made it a crime to ask for charity after sunset or within 20 feet of an ATM or a bus stop. Other challenged provisions prohibited asking for donations from people standing in line or seated at an outdoor cafe. The Court ruled that Grand Junction had failed to support its contention that the regulations were necessary to protect public safety. Dozens of Colorado cities enforce similar regulations that prohibit asking for charity in certain public locations, at certain times, or in specified situations. The ACLU of Colorado encourages all Colorado city attorneys to immediately review the Grand Junction ruling and consider whether their panhandling ordinances must be repealed or amended. "The ACLU does not object to carefully tailored regulations that target coercive, threatening, or menacing solicitations that actually invade the rights of others," Silverstein said. "But we oppose, and the First Amendment prohibits, broad regulations that outlaw peaceful, polite, and nonthreatening requests for assistance." Resources: hftps://www.aclu.org/print/node/54913 1 /2 11/4/2015 FEDERAL COURT STRIKES DOWN GRAND JUNCTION PANHANDLING ORDINANCE View the court decision: httu: I /static. aclu-co. org ILAT-content/uploads/2014/03/Browne-v.- Grand-Junction.Order-on-cross-motions-for-s-j-09-30-15.pdf[2] Visit the ACLU case page: http://aclu-co.org/court-cases/3757-2L [41 Visit the Criminalization of Homelessness Campaign Page: http://aclu- co.org/campaigns/criminalization-homelessness 151 media(&aclu.org [61 125 Broad Street 18th Floor New York, NY 10004 United States (212) 549-2666 cQ 2015 ACLU Source URL: hops://www.aclu.org/news/federal-court-strikes-down-grand junction -panhandling -ordinance Links [1] hops://www.aclu.org/news/federal-court-spikes-down-grand junction -panhandling -ordinance [2] http://static.aclu-co.org/wp-content/uploads/2o14/o3/Browne-v.-Grand-Junction.Order-on-cross-motions- for-s-j . 0 9-30-15. pdf L31 http://static.aclu-co.org/wp-content/uploads/2oi4/o3/i5-Order-granting-in-part-denying-in-part-TRO- Motion.pdf L41 http://aclu-co.org/court-cases/3757-2/ L51 http://aclu-co.org/campaigns/criminalization-homelessness/ [6] mailto:media@aclu.org hftps://www.aclu.org/print/node/54913 2/2 11/4/2015 Tide Starts To Turn Against The'Crime' Of Being Homeless: NPR n p r_ Tide Starts To Turn Against The 'Crime' Of Being Homeless NOVEM BER 03, 2015 5:35 PM ET 1 PAM FESSLER 7" Listen to the Story All Things Considered 11lIf Illlflllffllf P -w 4:09 Embed Transcript A homeless man who had been living in a large encampment in the Kakaako neighborhood of Honolulu pushes his belongings away as city officials sweep the area on Oct. 8. Honolulu city crews cleared the final section of one of the largest homeless encampments in the nation, once home to hundreds of people. http://www.npr.org/2015/11/03/454249044/tide-starts-to-turn-against-the-crime-of-being-homeless?utm source=facebook.com&utm_medium=social&utm ca... 1/6 11 /4/2015 Cathy B u sse witz/A P Tide Starts To Turn Against The'Crime' Of Being Homeless: NPR Work crews in Honolulu recently dismantled wooden shacks and tents that lined city streets and housed almost 300 people. It was the latest example of a city trying to deal with a growing homeless population, and responding to complaints that these encampments are unsafe, unsanitary and, at the very least, unsightly. Last month, Madison, Wis., banned people from sleeping outside city hall. And in New Port Richey, Fla., the city council voted to restrict the feeding of homeless individuals in a popular park. "We received complaints from the regular users of the park who felt that it was intimidating or they were leaving behind a mess, which was true," says City Manager Debbie Manns. "We had to clean that up." http://www.npr.org/2015/11/03/454249044/tide-starts-to-turn-against-the-crime-of-being-homeless?utm source=facebook.com&utm_medium=social&utm ca... 2/6 11/4/2015 Tide Starts To Turn Against The'Crime' Of Being Homeless: NPR 4tiY ■ AM Mill U ■ II I� 11J, JIM ■ n ■ III. �U VA � OIIIII IIIIII �, IIJill", 0 0.� . IBM IIIV ,AV 9 Vl II I� ®II .I I. I IIII W■Il,ulllllll ■UII[& .. ... 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Hours after a city crew cleared the banks of the canal, the homeless people that had been living there moved right back to the riverside. Cathy B u sse witz/A P Other cities have passed similar laws with increasing frequency in recent years — restricting outdoor sleeping, begging and other activities linked to homelessness — according to the National Law Center on Homelessness and Poverty. Homeless advocates say these laws criminalize the basic, everyday activities of those who have nowhere else to live. "However, there have been some positive developments just in the last couple of months," says Maria Foscarinis, the law center's executive director, "and some of those are starting to have an impact." In August, the Justice Department filed a brief in her group's case challenging an anti- http://www.npr.org/2015/11/03/454249044/tide-starts-to-turn-against-the-crime-of-being-homeless?utm source=facebook.com&utm_medium=social&utm ca... 3/6 11/4/2015 Tide Starts To Turn Against The'Crime' Of Being Homeless: NPR camping ordinance in Boise, Idaho. The department said such laws are unconstitutional if individuals have nowhere else to stay. A few weeks later, the U.S. Department of Housing and Urban Development announced that it will consider what steps a community is taking to prevent the criminalization of homelessness when it awards $1.g billion in new homeless assistance grants later this year. "We can't really fight these battles city by city. It's like putting out fires," says Foscarinis. "Now with the federal government taking a stance, I think we really have a chance of turning the ship around." And there are signs that's beginning to happen. Several California communities have stopped enforcing their anti -camping laws to consider alternatives. And in Colorado last month, Denver, Colorado Springs and Boulder suspended panhandling ordinances after a federal judge ruled that one such law was unconstitutional because it violated free speech. http://www.npr.org/2015/11/03/454249044/tide-starts-to-turn-against-the-crime-of-being-homeless?utm source=facebook.com&utm_medium=social&utm ca... 4/6 11/4/2015 Tide Starts To Turn Against The'Crime' Of Being Homeless: NPR � ))) UUUUMAWAMU IIIIIIIIIIUIIIIU Homeless people greet one another under the Pontchartrain Expressway overpass in New Orleans on Aug. 13, 2014. The city health department put up notices that month giving the estimated 150 homeless people 72 hours to leave the area. Gerald Herbert/AP Sarah Huntley is a spokesperson for the city of Boulder. "Based on the advice of our city attorney, we made a determination it would be a prudent move to scale back some of the provisions we had, specifically related to how we define aggressive begging," she says. Homeless advocates say they understand why communities are frustrated having people begging, sleeping, and in some cases, defecating in public. But Foscarinis says throwing them in jail doesn't solve the problem. "We agree. People should not be living in public," she says. "What we're saying is the http://www.npr.org/2015/11/03/454249044/tide-starts-to-turn-against-the-crime-of-being-homeless?utm source=facebook.com&utm_medium=social&utm ca... 5/6 11/4/2015 Tide Starts To Turn Against The'Crime' Of Being Homeless: NPR response should not be to make it a crime. The response should be to ensure that people have a place to live." And indeed, many communities are trying to pair enforcement with more positive efforts to get people off the streets. Scott Morishige, homelessness coordinator for the state of Hawaii, says the city and state sent workers out to help those in the street find places to live before the Honolulu camp was torn down. "Really trying to do everything we can to provide an array of supports, so that individuals living in encampments have opportunities to move not only into shelter, if they so choose, but also into permanent housing," he says. Morishige says they succeeded getting about half the camp residents into shelter or housing. They're now turning their attention to the others, many of whom moved to a new encampment that sprung up in a nearby park. affordable housing housing and urban development housing homelessness © 2015 npr SHARE http://www.npr.org/2015/11/03/454249044/tide-starts-to-turn-against-the-crime-of-being-homeless?utm source=facebook.com&utm_medium=social&utm ca... 6/6 11/4/2015 Court shoots down Grand Junction panhandling ordinance I The Colorado Independent HOME THE MIX IN-DEPTH 1ITTWIN EVENTS THE BEATS DONATE Court shoots down Grand Junction panhandling ordinance Kyle Harris f EN October 01, 2015 Civil Rights No Comments c�► Federal district judge Christine Arguello on Wednesday put an end to Grand Junction's panhandling ordinance, ruling the law violates the First Amendment right to raise funds in public for charity. This is the same interpretation of the First Amendment that allows Salvation Army bell ringers to dress up like Santa Clause and ask for change, the Girl Scouts to peddle Thin Mints and Peanut Butter Patties, and groups like Greenpeace which signed on as one of the plaintiffs in the Grand Junction case to brandish clipboards and recruit members on sidewalks. JUST IN .......... ­ .............................................................................................................. Colorado voters "give the middle finger" to Koch Brothers education reforms Wisdom from Bill Murray: Don't bet on Colorado elections Bipartisan voters ousted conservative school board majorities .................................................................................. u EVENTS Read More Video: Meet Denver's district attorney candidates The Colorado Independent hosted an Oct. 20 discussion between three of Denver's four district attorney candidates at Denver Open Media. The video, below, is preceded by [... ] Read More One premise the American Civil Liberties Union of Colorado used in VIDEO: Drilling into building its case for striking down the ordinance is that when homelessColorado fracking people ask for money they are doing far more than surviving. They are also engaged in public speech about the failures of social services and other http://www.coloradoindependent.com/155527/court-shoots-down-grand-junction-panhandling-ordinance 1/4 11/4/2015 Court shoots down Grand Junction panhandling ordinance I The Colorado Independent government systems and civic safety nets that allow homelessness to TWITTER persist. "The court said a city attempting to regulate panhandling is attempting to regulate messages about the conditions of poverty," the ACLU's Mark Silverstein told The Colorado Independent. The court's ruling may force municipalities throughout Colorado to pull or rewrite panhandling laws — something some cities already are doing. Tweets Follow COindependent 3h k 4 x @COindependent Colorado voters "give the middle finger" to Koch Brothers education reforms coloradoindependent.com/156049/colorad... #copolitics #Kochbrothers Show Summary Wednesday's decision was made the same day Colorado Springs' police COindependent 4h chief announced that he is instructing officers to stop enforcing several @COindependent parts of that city's panhandling ordinance. The memo came in response to Bipartisan voters ousted conservative school a September 14 letter sent to Colorado Springs and Denver officials from board majorities coloradoindependent.com/156038/how-bip... the ACLU. Show Summary Colorado Springs police had been overstepping the bounds of the ordinance by ticketing people sitting passively with signs — which was actually allowed. City attorneys also barred officers from enforcing other parts of the ordinance that pending court decisions would likely determine were unconstitutional. In a statement, Colorado Springs police chief Pete Carey wrote: "One of the dynamic things in law enforcement is that we must always adapt to changes in the law whether it is through new legislation or through Supreme Court decisions." ACLU staffers are still waiting for a reply to their letter to Denver officials about how that city plans to address the legal knots written into its panhandling ordinance. Photo credit: Photo credit: Corena Hasselle, Creative Commons, Flickr. ACLU Colorado Springs Grand Junction Homeless Mark Silverstein ordinance panhandling Police ticketing Like this story? Steal it! Feel free to republish it in part or in full, just please give credit to The Colorado Independent and add a link to the original. Got a tip? Story pitch? Send us an e-mail. Follow The Colorado Independent on TT,rri tter. Like this article? Share it! Twitter f Facebook (9+ Google i�5 Reddit t Tumblr u Email More COindependent 4h l 4 x @COindependent Wisdom from Bill Murray: Don't gamble with Douglas Bruce. You might break the law.coloradoindependent.com/156045/bilimur... #copolitics Show Summary COindependent 8h k �• Y @COindependent Who's getting fired after Tuesday's school board elections? coloradoindependent.com/156034/whos-ge... #copolitics #JeffCo Show Summary Tweet to @COindependent THE BIOGS Keefe: The Founding Fathers draft the Second Amendment FACEB001( About the Author http://www.coloradoindependent.com/155527/court-shoots-down-grand-junction-panhandling-ordinance 2/4 11/4/2015 Court shoots down Grand Junction panhandling ordinance I The Colorado Independent KYLE HARRI S 5,7, lu -ado Ir. _ 3,710 likes Always reading. Always writing. Always looking for stories. @kyle_a—harris I kyle@coloradoindependent.com Related Posts Wisdom from Bill Murray: Don't bet on Colorado elections 0 Comments Littwin: On the Colorado Springs open -carry killing . Add a comment... 119 Facebook Comments Plugin Leave a Response Your email address will not be published. Name* Email* Website Be the first of your friends to like this .�. . WITNESS REPORT Colorado Springs New smartphone app drops hundreds of helps the public keep Search The Site... panhandling charges cops accountable Comment Post Comment Notify me of new posts by email. Sort by Top http://www.coloradoindependent.com/155527/court-shoots-down-grand-junction-panhandling-ordinance 3/4 11/4/2015 Court shoots down Grand Junction panhandling ordinance I The Colorado Independent i U bei V e We i leeUb U1 i eaUei b ai icy communities throughout Colorado according to this simple, meaningful idea: The only bias we have is for good journalism. We take the role of journalism as a public trust seriously. The goal is to make impact, to inspire action by moving readers on important issues with stories that provide missing context, unearth buried facts and amplify unheard voices. ntormation Civil Rights About us Criminal Justice Donate Education Contact Us Environment/Energy Privacy Policy Health Politics HOME THE MIX IN-DEPTH 1ITTWIN EVENTS THE BEATS DONATE Photo Credit: Denver Public Library; Western History Collection; L C. McClure; MCC-1824; Site http://www.coloradoindependent.com/155527/court-shoots-down-grand-junction-panhandling-ordinance 4/4