PANHANDLING IS NOT A CRIME. BEING HOMELESS IS NOT A CRIME. KNOW YOUR RIGHTS.
Regarding the November 5, 2026, dispatch in Janesville, Wisconsin, involving a report of a man approaching vehicles and panhandling near a public library:
Let's get something straight.
It is NOT automatically illegal to ask people for money in public.
Panhandling is generally considered protected expressive activity under the First Amendment. That includes peacefully asking people for donations on public sidewalks and other traditional public forums.
A few important points:
1. Public sidewalks: People generally have First Amendment rights to peacefully express themselves, including asking for financial assistance, as long as they comply with applicable, constitutional restrictions.
2. Public libraries: Libraries can establish reasonable conduct rules inside their buildings. However, those rules do not automatically give them authority over public sidewalks outside their property.
3. Being homeless: Homelessness itself is not a crime. People experiencing homelessness deserve the same constitutional protections as everyone else. Although homelessness is not, by itself, a federally recognized protected class, people may have additional protections based on disability or other protected characteristics.
4. Police involvement: Police should not treat someone as a criminal simply because they are poor, unhoused, or peacefully asking for help. There must be a legitimate legal basis for enforcement.
5. Harassment and civil rights: If officers violate someone's constitutional rights, engage in unlawful discrimination, or unlawfully interfere with protected speech, that person may have grounds to pursue a civil rights complaint or lawsuit.