Salt Lake City drops cases against panhandling

SALT LAKE CITY — A state statute created decades ago to address hitchhiking will no longer be used as a panhandling enforcement tool by Salt Lake City police, following a settlement reached Friday in a civil court case.

The agreement comes just as the Salt Lake City Council begins consideration of a new municipal ordinance proposal that aims to put curbs on aggressive panhandling.

Attorney Brian Barnard represents three plaintiffs in the matter, including Terry Wilkinson, who was cited by Salt Lake City police last winter for holding a sign on a downtown street asking for money. Barnard argued the state law applies to a much broader range of activity — company mascots or employees waving signs to attract customers or even the seasonal appearance of Salvation Army Santas seeking charitable donations near stores — but citations were only issued to panhandlers and those seeking day labor opportunities.

In the settlement, filed in U.S. District Court for Utah, Salt Lake City has agreed to cease issuing citations under the statute, dismiss any pending cases related to the law being prosecuted by city attorneys and compensate plaintiffs for attorneys fees and court costs.

The state of Utah remains a defendant in the case, and Barnard expressed hope that the Legislature would take action on modifying the law to limit its scope and avoid prohibitions on free speech.

The city ordinance, under consideration during Tuesday's council session, is the culmination of a year's worth of vetting and modification by city officials, business groups and advocates for the homeless. Though considerably less stringent than the original proposal put forward last summer, it has still raised concerns among civil-rights watch groups.

e-mail: araymond@desnews.com