To settle a federal lawsuit by two panhandlers in Downers Grove, the Illinois State Police and DuPage County State's Attorney's Office are agreeing to not enforce an anti-panhandling law, which the judge agrees violates the panhandlers' rights to free speech.
The settlement was recently approved by U.S. District Judge Robert Gettleman, in Chicago.
In August 2019, Michael Dumiak and Christopher Simmons sued State Police Acting Director Brendan Kelly, DuPage County State's Attorney Robert Berlin and the village of Downers Grove, as well as six Downers Grove police officers who cited Dumiak and Simmons for panhandling.
The two men said they are homeless and have sought money from motorists at Butterfield and Finley roads in Downers Grove. As a consequence, they said they have been cited, prosecuted and fined since 2018 under a state anti-solicitation law, which is part of the Illinois Vehicle Code. Dumiak said he has paid two fines totaling $220 and Simmons has been fined three times, totaling $750, and been put on court supervision and ordered to do community service.
The men said their right to free speech was violated, because the law bans panhandling, but lets pedestrians, who acquire a permit, stand in medians to collect political signatures and distribute certain types of literature. The law also permits municipalities to pass ordinances, which Downers Grove did, that lets charity groups ask for money along roadways.
Dumiak and Simmons said that in panhandling, they were "expressing (their) needs," and were not posing any more risk to safety or traffic flow than anyone else allowed on medians. They wanted the law declared unconstitutional, to be paid damages and to be reimbursed for their costs in bringing the suit.
On Nov. 3, 2020, Downers Grove settled with plaintiffs, without details spelled out in court documents.
Earlier this month, state police and the state's attorney settled the lawsuit.
State police and the state's attorney did not stipulate the law was unconstitutional, but did not oppose that position either. In accordance, Gettleman found the law went against the right to free speech, having previously said the law was "flagrantly unconstitutional" in light of case law.
State police and the state's attorney also agreed to not to enforce the law, and to pay part of Dumiak and Simmons' attorney fees.
Dumiak and Simmons have been represented by attorney Everett J. Cygal, and others with the Chicago firm of Schiff Hardin; the Chicago office of the American Civil Liberties Union; and the Law Project of the Chicago Coalition for the Homeless.
State police have been defended by the Illinois Attorney General's Office.
The DuPage County State's Attorney's Office has defended itself.
Downers Grove was defended by Odelson, Sterk, Murphey, Frazier & McGrath, of suburban Evergreen Park.