Victory For Artistic Speech In Portland

This week, the Portland City Council wisely rejected a number of proposals that would have severely restricted the First Amendment rights of artists in the city's downtown area. The ACLU of Maine expressed substantial concern with the proposals, and we were gratified to see their demise. The City Council did endorse a new ordinance that would restrict artistic expression that creates a public safety hazard, but it is not clear what this restriction means or how (and against whom) it will be enforced. We will continue to monitor the implementation of this new law to make sure that it is not used to restrict free expression. Nobody has a right to create a public safety hazard, but artists should not be singled out as a group for particular legal burdens.

On the heels of this victory, we are hearing rumors of a renewed push to criminalize panhandling and soliciting in Portland. This is not surprising, but it is troubling. The ACLU of Massachusetts has recently filed suit to challenge an anti-panhandling ordinance in Worcester, MA, and we will be prepared to do the same here in Maine if necessary. The First Amendment protects everyone, including artists and people living in poverty.