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John M. Baker and Katherine M. Swenson John M. Baker and Katherine M. Swenson

On November 6th, the Eighth Circuit upheld an injunction against Arkansas’s revised statutory prohibition of panhandling, but split on the question of whether the district court should have 8th Circuit Spotlightenjoined the enforcement of the prohibition on a statewide basis. The merits ruling is the latest in a series of decisions invalidating typical panhandling ordinances in the wake of a 2015 decision of the U.S. Supreme Court (Reed v. Town of Gilbert, 135 S. Ct. 2218) that embraced a broader view of content discrimination. But the dissent of Judge David Stras on the question of whether the state should have been barred from enforcing the law against “everyone else” may increase the chances of Supreme Court review.

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