The decision by Judge Eric Haner comes just a day before the state Supreme Court will hear arguments on whether Kentucky should be able to charge a person panhandling.Haner ruled in four involving Gough, who was cited repeatedly for panhandling in 2015, including for “bothering patrons at 4th Street Live, asking them for money and cigarettes, and then following them,” according to Haner ruling.The thrust of Haner ruling one of the main arguments the Kentucky Supreme Court tomorrow will hear Friday in the case of Dennis Champion, who was jailed in 2015 for violating a Fayette County ordinance prohibiting “begging and soliciting upon public streets.”Champion, according to court documents, caught standing at an intersection holding a sign that read “begging for alms” in December 2014.In the appeal to the Supreme Court, defense attorney Linda Horsman argues, in part, that while cities have the right to make ordinances that can impose civil https://www.mymoncleroutlet.com fines, it is up to legislators to decide if something is unlawful.Both Horsman and Haner pointed to a Jefferson County case where a woman was sentenced to 90 days in jail when her dog attacked another dog in 2011.A Jefferson District Court judge found the woman guilty of a misdemeanor for violating a city ordinance by failing to “restrain a dangerous dog” even though the dog had been in the care of the woman the time.To change the laws, another case with an ordinance calling for jail time would have to be appealed and a majority of the seven member Supreme Court would have to share the same opinion.”If the citizens of this great Commonwealth chose, through their duly elected representatives, to criminalize poverty in this manner, a statute would have been enacted,” Horsman wrote. “Most of us can spare a dime for our fellow man. The citizens of Lexington deserve the opportunity to be gracious and humane, just like the citizens of every other locality.”At the time, the three justices were also concerned about the “astounding incongruity in criminal ordinance and punishments” among various Kentucky counties.In Newport, Ky., for example, spitting on the sidewalk is a misdemeanor crime, according to its city ordinance.In Fort Thomas, selling dyed chicks or rabbits is a misdemeanor.In his ruling on Thursday, Haner pointed out that Louisville has more than 25 different municipalities, raising the possibility that each could have different offenses and punishments.Another key issue in the Supreme Court is whether people have a First Amendment right to panhandle.”The personal request for assistance from one fellow man be accorded the highest level of First Amendment protection, Horsman argued in a motion.
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