Homeless File Suit Against Cops

New York, NY —

A lawsuit filed on behalf of the homeless alleges first amendment violations by local police and the Bronx District Attorney's office. The suit says homeless people are being wrongly arrested and charged with panhandling.

REPORTER: The lead plaintiff in the lawsuit is 44 year old Eddie Wise, a man who his lawyer says often begs peacefully for money on Fordham Road in the Bronx. Wise has been convicted for this activity at least 17 times. But back in 1992, a federal judge ruled that a law against panhandling was unconstitutional and barred police from enforcing it. Matthew Brinckerhoff represents Wise and says according to state records 140 loitering cases have been docketed in 2003 and 2004. He says police and others lack training:

BRINCKERHOFF: The court administrators are processing this charge. The prosecutors are charging and even continuing to pursue the charge even when they are informed by defense council that this has been declared unconstitutional.

REPORTER: The NYPD says it only pursues aggressive panhandlers. Spokesman Paul Browne says Eddie Wise has 29 prior convictions including one for assaulting a 52 year old woman.

Brinkcerhoff says his clients criminal history is a distraction from a much broader problem.