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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30-day stay in jail and a 0 fine under the city’s strict panhandling ordinance.Enacted in 1980, that ordinance could be repealed by the city council next month.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matter a step further, penning a letter to Barberton city leaders that if the city’s anti-panhandling ordinance isn’t repealed within a reasonable amount of time, she would be filing a lawsuit against the city.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

IMPERIAL BEACH, Calif. (KGTV) - Surveillance cameras captured a bizarre and dangerous accident in the South Bay. Darell Salondaguit has twelve surveillance cameras posted around his home at the corner of 15th Street and Imperial Beach Boulevard. He was taking a shower around eleven p.m. Monday when he heard a noise. "We heard a really big thud and thought it was cats in the backyard," said Salondaguit.When he woke up Tuesday morning, he discovered his wooden fence, potted plants, and palm tree were severely damaged. When he played back his cameras, he was shocked at what he saw. "Just a tire flying across from over there, crashing through here," described Salondaguit.The tire flew off of a car on Imperial Beach Boulevard, rolled across 15th Street and crashed through his fence. The cameras also show a man and a woman, casually step over the damaged fence, pick up the tire and leave."They had to come through the yard and get their tire, they didn't bother knocking or anything," said Salondaguit.He filed a report with the Sheriff's Department and hopes the people responsible will come forward."It was like really scary, cause I tend to check the plants at nighttime to see if they're properly watered because we have an automatic watering system. Well, if I was out here, I'd probably be seriously injured, or even dead, cause that thing was going really fast." 1388

IMPERIAL BEACH, Calif. (KGTV) — The U.S. Customs and Border Protection Commissioner, Kevin McAleenan, was nearly clobbered with a large rock Friday night.According to CBP, McAleenan was taking a tour of the border defenses added to the wall along Friendship Park. He went to speak with people through the wall when someone threw a large rock from the other side and barely missed the commissioner.President Trump said earlier this month, that any rock and stone throwing would be considered firearms.RELATED: 516

Immediately following reports of an incident in Las Vegas in May involving Ezekiel Elliott of the Dallas Cowboys, the NFL conducted a comprehensive investigation that included interviews with multiple witnesses, including security personnel and others with direct involvement, as well as a review of documentary and other information.On Tuesday, as part of the review, NFL Commissioner Roger Goodell met with Mr. Elliott to reinforce the standards of conduct expected of him and the consequences for failing to meet those standards.Mr. Elliott acknowledged that he demonstrated poor judgment and committed to make better choices in the future. He volunteered to take advantage of the resources available to help him continue to grow personally.Commissioner Goodell determined there was no violation of the personal conduct policy and no further action is warranted. 873

In an order laced with language accusing President Donald Trump of attempting to rewrite immigration laws, a federal judge based in San Francisco temporarily blocked the government late Monday night from denying asylum to those crossing over the southern border between ports of entry.Judge Jon S. Tigar of the U.S. District Court for the Northern District of California said that a policy announced November 9 barring asylum for immigrants who enter outside a legal check point '"irreconcilably conflicts" with immigration law and the "expressed intent of Congress.""Whatever the scope of the President's authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden," Tigar wrote, adding that asylum seekers would be put at "increased risk of violence and other harms at the border" if the administration's rule is allowed to go into effect.The temporary restraining order is effective nationwide and will remain in effect until December 19, when the judge has scheduled another hearing, or further order of the court.The order is the latest setback for the administration that has sought to crack down on what it says are flaws in the immigration system, and it is a victory for the American Civil Liberties Union, the Southern Poverty Law Center and other groups who argued it is illegal to block someone based on how they entered the country."This ban is illegal, will put people's lives in danger and raises the alarm about President Trump's disregard for separation of powers," said the ACLU's Lee Gelernt."There is no justifiable reason to flatly deny people the right to apply for asylum, and we cannot send them back to danger based on the manner of their entry," he said.Earlier this month, the President issued a proclamation referring to "large, organized groups" who were traveling through Mexico and "reportedly intend to enter the United States unlawfully or without proper documentation and to seek asylum."It said that those seeking entry can only do so temporarily at recognized ports of entry to allow for "orderly processing" and denied entry to those at any other location along the southern border. 2178