Two men repeatedly ticketed for seeking help to survive from motorists stopped at a Downers Grove intersection can continue their lawsuit against the Village and six individual police officers for violating their rights under the First Amendment, according to U.S. District Court Judge Robert W. Gettleman. The ruling came yesterday in a lawsuit filed by Michael Dumiak and Christopher Simmons in August of 2019. 

Responding to the ruling, Mr. Simmons said, “Homeless people still have a voice. I ask for help because even though I work, I don’t make enough to support myself.” 

“This is a great win for Mr. Dumiak and Mr. Simmons,” said Rebecca Glenberg, a senior staff lawyer at the ACLU of Illinois and one of the lawyers for the two men. “The judge found that Downers Grove police officers violated our clients’ rights—and should have known at the time that their actions were unconstitutional. The ruling makes clear that virtually all laws targeting panhandling violate the First Amendment.  All such laws should be repealed.”  

The suit challenges an Illinois statute and Downers Grove ordinance that make it a misdemeanor to solicit contributions, employment, business or rides from passing vehicles. Downers Grove repealed its ordinance in response to the lawsuit, but claimed that they did not have to pay damages to Mr. Simmons and Mr. Dumiak for violating their constitutional rights. 

Judge Gettleman rejected officers’ claims that they deserved to be excused from the lawsuit (granted qualified immunity) because they did not violate any clearly established First Amendment law.  He noted that the “officers started enforcing the statute and ordinance against plaintiffs in 2018. First Amendment law at that time was clearly established: a speech restriction targeting panhandling discriminates based on content and survives muster only when supported by a compelling justification. The statute and former ordinance fall short.”

Mr. Dumiak and Mr. Simmons sued following repeated arrests for asking for help when they panhandled in Downers Grove. The men stood on a raised median strip seeking donations from people in vehicles stopped at the intersection of Butterfield and Finley Roads. They were charged under the Illinois vehicle solicitation law, which prohibits their requests for help but does not prohibit similar activities such as gathering petition signatures or distributing leaflets. It also allows municipalities to exempt charities from enforcement, even as local officials enforce it against individuals who as for money they require for basic essentials.  

Diane O’Connell, Community Lawyer at the Chicago Coalition for the Homeless says, “We are pleased with this ruling because it affirms not only the First Amendment rights of our clients, but also that law enforcement and municipalities can’t discriminate against a person’s speech just because they are poor or homeless. Everyone has the right to ask for help.” 

With Judge Gettleman describing the state law as “flagrantly unconstitutional,” Mr. Dumiak and Mr. Simmons can now proceed in court.   

Did you know that if you have a criminal record, you can still vote?

In Illinois, people who have been involved with the criminal legal system are still able to vote. People with criminal records can still participate in elections as long as they are not currently serving time on a sentence and they meet all other qualifications. These include being at least 18 years old, a US citizen, and having lived in Illinois for at least 30 days by the date of the next election. If you have been charged, arrested but not charged, in jail but not serving a sentence, or on probation, you can vote!

Voting is one of the tools we have at our disposal to effect the changes we want to see in our society. We are living in an unprecedented time and we must use the systems we have in place to our advantage. The covid-19 pandemic and unrest in response to police brutality have shown all of us that our system of governance does not work for most people. One way we can change this system is by voting for elected officials that have the power to alter structures that have allowed for inequity to prevail for so long.

When you cast your vote, you are helping shape your government. Through voting, people with a criminal record can help elect officials that can change the way we approach criminal justice reform. For example, State’s Attorneys are elected officials that determine how the state prosecutes criminal activity. A State’s Attorney that is committed to harm reduction may choose to charge crimes in a way that will do the least amount of damage possible, and will do everything in their power to direct people away from the carceral system. Choosing the right person to fill this position can mitigate the damage the criminal legal system does to vulnerable communities.  

Although it often feels as if unjust laws and policies are impossible for us to change, we have to keep in mind that we make decisions to uphold these systems every day. One of those decisions comes at the voting booth. Electing representatives that are brave enough to challenge and dismantle these systems can make way for a more equitable, humane society. If you have a criminal record, it is important for you to use your voice to help create a government that will not allow these injustices to afflict future generations. Elected officials can help eliminate laws that criminalize poverty, drug use, and mental health disorders. Government officials must address the reasons why people are committing crime instead of the crime itself so that we can begin to build a better future for all of us. The first step is holding them accountable at the voting booth.

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*If you have served time on a conviction, you must re-register to vote after leaving prison, even if you had registered before. You can find out your current voting registration status and register to vote here.