People v. Barton
New York Court of Appeals
861 N.E.2d 75 (2006)
- Written by Sarah Holley, JD
Facts
Michael Barton (defendant) was ticketed for violating Section 44-4 (H) of the Code of the City of Rochester when he allegedly walked into traffic and solicited money from motorists. Section 44-4 (H) was enacted to address aggressive panhandling, banning any solicitation intended to obtain immediate funds or things of value from occupants of motor vehicles in Rochester’s streets or other public places. Barton moved to dismiss the ticket on grounds that 44-4 (H) was facially overbroad in violation of the Free Speech Clause of the First Amendment and New York State Constitution. Barton argued that Section 44-4 (H) impermissibly regulated activities beyond its intended reach because it applied to not only aggressive panhandling but to anyone who may solicit motorists, such as passive and charitable panhandlers. The city court agreed that Section 44-4 (H) was unconstitutional and dismissed Barton’s ticket. The county court reversed on appeal, declaring that Section 44-4 (H) did not run afoul of the constitutions. Barton appealed.
Rule of Law
Issue
Holding and Reasoning (Read, J.)
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