Speet v. Schuette
2012 U.S. Dist. LEXIS 126127
W.D. Mich.2012Background
- Speet, homeless Grand Rapids resident, relies on begging signs as a means of seeking work or assistance; Sims, Grand Rapids resident with disability, sometimes begs for veteran whom he helps; both were arrested/prosecuted under Mich. Comp. L. § 750.167(l)(h) which makes begging in a public place a misdemeanor; statute punishes begging in public places; Plaintiffs challenge the statute as facially unconstitutional under First Amendment and Fourteenth Amendment Equal Protection; cross-motions for partial summary judgment on facial challenges were submitted and are ready for decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is §750.167(l)(h) facially unconstitutional under the First Amendment? | Begging is protected speech; statute is content-based. | Ban serves safety, fraud prevention, and public-order interests. | Yes, unconstitutional on its face. |
| Does the statute violate Equal Protection by restricting beggars' speech but not other speakers? | First Amendment protections are violated due to viewpoint/speech-based discrimination. | Regulation serves broadly relevant public interests. | Yes, violates Equal Protection. |
| If analyzed under strict scrutiny or time/place/manner standards, does the statute withstand review? | Speech protected; statute not narrowly tailored. | Regulation could be narrowly tailored as TPM or under strict scrutiny. | Fails under strict scrutiny and TPM standards. |
Key Cases Cited
- Loper v. N.Y. City Police Dep’t, 999 F.2d 699 (2d Cir.1993) (begging protected speech in public forum)
- City of Houston v. Hill, 482 U.S. 451 (1987) (overbreadth concerns in public-speech regulation)
- Miller v. City of Cincinnati, 622 F.3d 524 (6th Cir.2010) (scrutiny for content-based restrictions in public forums)
- Perry Education Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37 (1983) (public-school-related First Amendment scrutiny framework)
- United States v. Grace, 461 U.S. 171 (1983) (public forums and expressive activity in streets/public spaces)
- Ward v. Rock Against Racism, 491 U.S. 781 (1989) (time/place/manner scrutiny framework)
- United States v. O’Brien, 391 U.S. 367 (1968) (intermediate scrutiny for content-neutral regulation)