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If not for an attorney taking her case pro bono, a Barberton, Ohio woman’s request for 40 cents nearly landed her a 30-day stay in jail and a 0 fine under the city’s strict panhandling ordinance.Enacted in 1980, that ordinance could be repealed by the city council next month. If not, the woman’s attorney has threatened legal action over the “unconstitutional” ordinance.In February, Samantha Stevens, a single mother of one, was asking patrons of a McDonald’s in downtown Barberton for 40 cents so she could cover bus fare. A city police officer then issued the woman a summons for soliciting alms — better known as panhandling. Under city ordinance, it is considered a fourth-degree misdemeanor, which carries a potential 30-day jail sentence and a 0 fine.Civil rights attorney Becky Sremack came across the incident by reading the police blotter in the local newspaper, the Barberton Herald.“I wrote her a letter and offered pro-bono legal assistance at that point,” Sremack said. “It doesn’t really add up to charge someone criminally for asking another citizen for a small amount of money.”Not only does it not add up, it’s also unconstitutional, Sremack said.Laws prohibiting panhandling in public places have been repeatedly deemed unconstitutional by federal courts because soliciting or requesting money is considered protected speech under the First Amendment.Last week, Sremack filed a motion to dismiss the charge against Stevens on the grounds that the city’s anti-panhandling ordinance was unconstitutional. City prosecutors have since dismissed the charge.“The fundamental problem is that the government does not have the right to ban solicitation in a public place,” Sremack said. “Solicitation of money asking someone for help is free speech and is protected along with every other type of speech. It’s a basic free speech issue. The Constitution has to apply to the poor as well as to the rich.”Sremack then took the matter a step further, penning a letter to Barberton city leaders that if the city’s anti-panhandling ordinance isn’t repealed within a reasonable amount of time, she would be filing a lawsuit against the city. According to police records, a total of 30 panhandling summonses have been issued since January 2017.“Criminalizing is going to do nothing to reduce the need amongst the poor for help, for assistance,” Sremack said. “These resources would be better put into programs that address the underlying issue.”City Law Director Lisa Miller told Scripps station WEWS in Cleveland on Tuesday that city leaders had begun the process of repealing the 38-year-old ordinance before Sremack sent the letter. The possible repeal of the ordinance could go before a city council committee on May 7th. A vote on the measure could come as early as May 14th.Craig Megyes, the president of the Barberton City Council, said he anticipates that the ordinance will be repealed.The possibly unconstitutional ordinance only applies to soliciting in public places like sidewalks and street corners. Private property owners still have the right to prohibit panhandling on their property.“The Constitution protects speech that we like as well as speech we don’t like,” Sremack said. “Simply being made uncomfortable by seeing a neighbor in need is not enough to call it a crime.” 3315
I thought it was going to be a wonderful day. My high school, Marjory Stoneman Douglas, was full of cheerful students -- many of whom were celebrating Valentine's Day with one another. Even those who didn't have a Valentine seemed like they could find reasons to smile. 283
If you like seeing the night sky light up like a Christmas tree, head outside this week to catch a glimpse at the Perseid meteor shower.It's considered the Northern Hemisphere's most popular meteor shower of the year.This year, it's been active since July, but it's set to peak this Tuesday night into Wednesday morning.NASA says the Perseids are best seen between about 2 a.m. and dawn.If you can't get out to have a look then, you may still be able to catch a glimpse of Perseid meteors the following two nights.Perseid meteors are caused by dust and debris left behind from the tail of the comet Swift-Tuttle. 620
In a heartbreaking Instagram post, Chrissy Teigen shared Thursday that she had suffered a miscarriage."We are shocked and in the kind of deep pain you only hear about, the kind of pain we’ve never felt before," Teigen wrote.The model and TV personality and her husband, singer John Legend, announced in August that they were expecting their third child. But earlier this week, Teigen was rushed to the hospital shortly after revealing that she had been on bed rest and had suffered bleeding for about a month.In her Instagram post, Teigen wrote that doctors were unable to stop the bleeding and give her baby the fluids he needed "despite bags and bags of blood transfusions."While Teigen wrote that she and her husband don't pick names for their children "until the last possible minute," she said that she had been calling her unborn son Jack."He will always be Jack to us," she wrote. "Jack worked so hard to be a part of our little family, and he will be, forever."Teigen closed her post with thanks to "everyone who has been sending us positive energy, thoughts and prayers.""We are so grateful for the life we have, for our wonderful babies Luna and Miles, for all the amazing things we’ve been able to experience," Teigen wrote. "But everyday can’t be full of sunshine. On this darkest of days, we will grieve, we will cry our eyes out. But we will hug and love each other harder and get through it.""We love you, Jack," Legend added in a retweet of his wife's post. 1481
Hundreds of passengers on an Amtrak train that became disconnected will have quite a story to tell around the Thanksgiving table.The Montreal to New York train was traveling near Albany, New York, at about 7:20 p.m. Wednesday when two cars separated from the engine, Amtrak spokesman Jason Abrams said in a statement. Of the 287 passengers and crew, he said, no one was injured. The passengers were transferred to a new train, Abrams said.CNN reached out to Amtrak for further details but has not heard back.Billy Osher-Dugan was traveling to spend Thanksgiving with his girlfriend when he saw the cars separate."It was packed," he said. "There were hardly any seats available."He heard a noise and turned around to see cars behind him rip apart from the train, he said. That's when one passenger pulled the emergency brake to stop the train and others -- upon smelling smoke -- grabbed the fire extinguisher.Luckily, he said, there was no fire and everyone was OK.Helen Mary Crane was with her son on the way to spend the holiday with her daughter. Crane said two cars were added to the train when she boarded in Rensselaer, New York, and that she and her son were told to sit in the first of the additions.Crane's car was one of the two to break off."As far as being with my son," she said. "I was terrified when I saw the sparks and smelled burning and then realized our car was no longer attached. I thought we would derail or be hit by the other train."She said she credits the man who pulled the emergency brake on the runaway cars for the safety of everyone. She identified him as Reuben Clarke, a student at Rensselaer Polytechnic Institute."He saved our lives tonight," Crane said. "Our car broke off from the rest of the train and was picking up speed. There was no Amtrak personnel in our car. Reuben calmly went into action and pulled the emergency brake at the front of the car. Thankful he was on the train with my son and I."The National Transportation Safety Board will not investigate since there were no injuries or a derailment, board spokesman Nicholas Worrell said.New York State Police are investigating the incident. 2147