Stop Worcester's Bosses War on the Poor

                                                       photo by Kevin Ksen

Stop the Bosses War on the Poor

In November 2015 the Worcester bosses’ war on the poor was dealt a defeat. The Federal Appeals Court ruled that both of Worcester’s ordinances designed to curb panhandling were unconstitutional.  Panhandling or the asking for help in public is a form of speech and is guaranteed by the First Amendment of the Constitution of the United States. The Worcester ordinances were championed by Mayor Joseph Petty and Vice Mayor elect Michael Gaffney.  

Mr. Bill Coleman, the other mayoral candidate, did not advocate the use of state power against the poor. Sorry Bill, but you and I know that nice guys and those who speak truth to power don’t usually finish first.

This is the ruling regarding begging on a traffic island by Judge Hillman (Federal Appeal Court)

“IT IS HEREBY ORDERED that:

1. the City of Worcester’s Motion for Summary Judgment (Docket No. 79) is denied; and

2. the Plaintiffs’ Motion for Summary Judgment (Docket No. 82) is granted as follows10:

a. The City of Worcester Revised Ordinances of 2008, as amended through September 1, 201511, ch. 9, § 16 (Aggressive Begging, Soliciting and Panhandling) is unconstitutional in its entirety; and

b. The following provision contained in City of Worcester Revised Ordinances of 2008, as amended through September 1, 2015, ch. 13, § 77(a)(Crossing Ways or Roadways) is unconstitutional:

“No person shall, after having been given due notice warning by a police officer, persist in walking or standing on any traffic island or upon the roadway of any street or highway, except for the purpose of crossing the roadway at an intersection or designated crosswalk or for the purpose of entering or exiting a vehicle at the curb or for some other lawful purpose. Any police officer observing any person violating this provision may request or order such person the remove themselves from such roadway or traffic island and may arrest such person if they fail to comply with such request or order.”

Judge Hillman made it plain that he did not want to rule against the City, but his bosses in Supreme Court remanded it back to him with instructions to look at the Supreme Court ruling on the Lowell MA anti panhandling ordinances. The Lowell MA ordinances were copied from Worcester ordinances. Even down to the “typos”. Judge Hillman tried to give the City some wiggle room when ruling the ordinance as unconstitutional. He said he could rule on a more restrictive prohibition of anti-handling, such as no panhandling or sign holding on the rotary (that did not have crosswalks). Newton Square and Washing Square were specifically mentioned.

Please note that connection of the free speech of panhandlers and when they could be arrested by the police is now void. This lack of police and City authority will likely present a problem for Judge Pellegrino, DA Early, and the City Manger in the Kelly Square 4 case. It might be time for DA Early to think about dropping the charges.

This war on the poor in Worcester goes back at least 10 years when City Council wanted to penalize people who helped the poor and make the beggars go somewhere else. A group called “Real Solutions” who had Kevin Ksen as its main driving force was formed. Its slogan of “Target Poverty and Not People” is still relevant today.  It is not a surprised that Mr. Ksen was retaliated against by the City for his activities with BlackLives Matter.

I am sure that the bosses who hate the poor, the beggars, and the dark skin people will continue with their schemes to deny us our constitutional rights using the pretext of safety or beautification or something else. There is some talk that City Council bosses will go into close session to discuss a new war on the poor. I hope this does not happen.  There is no need for a closed session.  Just stop this war on us. Stop sending us to jail for frivolous reasons and unconstitutional pretext.