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MASSACHUSETTS COALITION FOR THE HOMELESS v. CITY OF FALL RIVER

SJC-12914.

486 Mass. 437 (2020)

MASSACHUSETTS COALITION FOR THE HOMELESS & others v. CITY OF FALL RIVER & others.

Supreme Judicial Court of Massachusetts, Suffolk.

December 15, 2020.

Attorney(s) appearing for the Case

Ruth A. Bourquin for the plaintiffs.

Timothy J. Casey, Assistant Attorney General, for district attorney for the Bristol district.

Gary P. Howayeck, Assistant Corporation Counsel, for city of Fall River & another, submitted a brief.

Rajan Bal, of the District of Columbia, Eric S. Tars, of Pennsylvania, Andrew Nathanson, Susan M. Finegan, Emily Kanstroom Musgrave, Courtney Herndon, & Nana Liu, for National Homelessness Law Center, amicus curiae, submitted a brief.

Present: LENK, GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.

Under G. L. c. 85, § 17A, sometimes referred to as the "panhandling" statute, a person who signals to a motor vehicle on a public way, causes the vehicle to stop, or accosts an occupant of the vehicle "for the purpose of soliciting any alms, contribution or subscription or of selling any merchandise" is generally subject to criminal...

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