Mountain State Justice sues Monongalia Co. over controversial panhandling ban
The nonprofit law firm filed suit Wednesday against what they argue is an unconstitutional ban on panhandling. Other W.Va. municipalities have adopted or considered similar ordinances.
MONONGALIA COUNTY – Mountain State Justice filed a lawsuit in the Northern District of West Virginia on Dec. 4 seeking injunctive and declaratory relief against a controversial Monongalia County ordinance. The nonprofit law firm and grassroots advocacy organization argues the legislation violates its clients’ First Amendment rights to freedom of speech by prohibiting the solicitation of, or acceptance of, donations.
The suit, Case No. 1:24-cv-110, names plaintiffs Chris Peterson, a person who solicits donations, also known as panhandling, and Becky Rodd, a person who regularly donates to individuals on the street, and other people in the county who are “similarly situated” as the named plaintiffs, including other people who panhandle or donate to people.
Monongalia Co. Commissioners Tom Bloom, Jeffrey Arnett, and Sean Sikora are listed as defendants.
The ordinance in question, entitled “Vehicle and Pedestrian Safety,” bans the “[exchange] of items between pedestrians and occupants of vehicles.” Monongalia County Commissioners adopted the ordinance on Oct. 25, 2023.
In October 2024, the city of Wheeling adopted legislation with near-identical language to Monongalia Co.’s ordinance. In December, the city of Charleston introduced its own ban on panhandling.
The Monongalia Co. ordinance is enforced at the intersections of roads with an average daily traffic volume of 4,000 or more vehicles, on roads with speed limits of 35 miles per hour or greater, and on roads with poor or no lighting at night, among other criteria.
Under Section IX. Duties of the County Commission, the body “shall publish a list of the Areas of Concern under this Ordinance to the Commission’s web page.” Commissioners published a bullet point list of street names where they say enforcement will take place.
Section VII. Penalties states that those soliciting donations and those providing donations are equally in violation of the ordinance. On a first offense, individuals are given a written warning. On a second and subsequent offense, a citation is given to individuals and subjected to a fine of up to, but not more than, $100.
Speaking with Wheeling Free Press after filing their lawsuit, Mountain State Justice staff attorney Lesley Nash said the only individuals cited under the ordinance are those soliciting donations. “The ordinance reads as if it is neutral to both motorists and pedestrians,” Nash said. “In practice, it’s clear that the ordinance has been used to target one side–people panhandling.”
In their arguments, Mountain State Justice says Peterson has received multiple warnings and citations under the ordinance. Rodd, who has not been cited under the ordinance, claims her First Amendment right to free speech through offering donations has been infringed.
Monongalia Co. Commissioners argued the ordinance was in response to calls from citizens claiming they were “confronted” at intersections and stoplights by people soliciting donations. Commissioner Tom Bloom, speaking to West Virginia Watch in 2023, claimed the ordinance arose after understanding their limits on prohibiting panhandling outright.
“It took us about six months to come up with an ordinance that basically we can’t regulate panhandling, we can regulate traffic control, and that’s what we’re doing,” Bloom told West Virginia Watch. “So it’s a safety and pedestrian vehicle ordinance.”
Commissioners also argued that multiple reports of “near-miss situations” have occurred due to people standing in the medians of roads. Similar claims were made in Wheeling during that city’s debate over a similar ordinance. In both city’s, no concrete data was presented to substantiate the anecdotal claims.
While safety was used as an argument for adopting the ordinance, only one person connected to panhandling has been hurt since the ban was instituted. A man who had engaged in panhandling in the past was struck and injured by a person driving under the influence, but it’s unclear if the victim was soliciting donations at the time of the accident.
In a conversation with WAJR’s “Talk of the Town” after the accident, and reported by WV MetroNews, Bloom appeared to place blame on the victim who was struck by an intoxicated driver.
“[Commissioners] are very concerned about not only the person who was hurt but also the person in the car because that was a traumatic experience,” Bloom said. “Unfortunately, [the victim] broke the [anti-panhandling] law.”
Mountain State Justice argue that the ordinance “has been enforced to further County Commissioner Tom Bloom’s publicly avowed goal to persuade local towns throughout Monongalia County, as well as WVU, to outlaw panhandling.”
“As we feared, the County has used this ordinance as a tool to punish the most marginalized members of our community,” Nash said. Speaking with Wheeling Free Press, Nash continued. “It’s important for people on the streets to know that someone is in their corner,” Nash said. “We have decided as an organization that we are not going to let governments pick on marginalized people.”
On Oct. 15 of this year, the Wheeling City Council heard the first reading of a similar ordinance to Monongalia Co.’s ban. After comparing each ordinance, over 80% of Wheeling and Monongalia Co.’s ordinances contain identical or near-identical language. Just 16.5% of the documents contain original language.
Major differences between the two ordinances include Wheeling’s decision to lower the speed threshold of enforced roads from 35 miles an hour to 25 miles an hour and changes to what governing body is enacting the ban. Wheeling’s ban is also more lenient than Monongalia Co. in its penalties section, allowing for verbal warnings and community service in lieu of fines.
In August, when Councilor Ben Seidler signaled during a Development Committee meeting the need for the ordinance, City Manager Robert Herron said Wheeling was collaborating with, among other municipalities, Monongalia Co. in drafting the anti-panhandling legislation.
Wheeling city councilors adopted their “Vehicle and Pedestrian Safety” ordinance on Nov. 7 despite several citizens and Councilor Connie Cain asking for data to prove claims that several “near-misses” have occurred as a result of panhandling.
Opponents also argued that the ordinance may be unconstitutional. City Solicitor Rosemary Humway-Warmuth said she believed the legislation would overcome any legal action that may seek to overturn it.
On Dec. 2, the city of Charleston held its first reading of a “Vehicle and Pedestrian Safety” ordinance. While the city’s proposed ordinance is not as near-identical as ordinances adopted by the city of Wheeling and Monongalia Co., its areas of concern, enforcement, and penalties contain similar language.
Legislation prohibiting panhandling in other parts of the nation have been struck down due to their board language or for infringing upon people’s First Amendment rights. In Schaumburg v. Citizens for a Better Environment, the Supreme Court of the United States ruled that soliciting money is “closely intertwined with free speech.” Still, some prohibitions have been upheld.
If Mountain State Justice is successful in their lawsuit against Monongalia Co., the stage could be set to challenge similar panhandling bans throughout the state.