FORT LAUDERDALE -- Advocates for the homeless said they were dealt a crushing blow Monday when the U.S. Supreme Court refused to hear their appeal of a Fort Lauderdale law that prohibits panhandling, begging or soliciting in or around the beach.

The American Civil Liberties Union, which had taken up the class-action case and argued that not being allowed to beg violated homeless people's First Amendment right to free speech, said the high court's decision could lead to other cit ies taking strong stances in restricting the homeless.

However, if more cities follow suit, according to one ACLU lawyer, the Supreme Court might hear the case.
    ACLU attorney Bruce Rogow said while other cities h ave rules governing the homeless, Fort Lauderdale is the only city in the country that forbids the homeless from begging in a nonthreatening manner in a public place.
   "This is an isolated situation. But if other cities or towns tried the same technique, there would be a broader concern that could motivate the Supreme Court (to take the case in the future)."
   Other cities have laws that prohibit aggressive panhandling, or soliciting people at bank machines, in line at public transportation or at outdoor restaurants. They have all been upheld because they were "narrowly tailored," said Beverly Pohl, the ACLU's co-lawyer for the case.
   Pohl and Rogow argued the city's ban is too broad in an area as l arge as Fort Lauderdale beach, which is 5 miles long.

"Sidewalks are the quintessential public place," Pohl said.

The ACLU lost its case at overthrowing the city's 1993 ban in June from the 11th U.S. Circuit Court of Appeals, the highest federal court for Florida, Georgia and Alabama. There is no room left to appeal because the Supreme Court rejected itt.
   The city rule states it is intended to "eliminate nuisance activity on the beach and pro vide patrons with a pleasant environment."

Homeless advocates are outraged.

"It bothers me to have someone call me at home and ask to sell me a vacuum cleaner but I don't want to make it illegal," said Laura Care y, executive director for the Broward Coalition for the Homeless. "If I don't want to buy it, I don't buy it. Any Tom, Dick or Harry can call me, but a homeless person can't ask me (for help)? It irritates the hell out of me."
   Government al officials, however, said they were satisfied the law will remain untouched.
   "The beach is for city residents and tourists, a place people go to relax, and I'm glad they don't have to be bothered by people soliciting," Mayor Jim Nau gle said.

"Panhandling is not my idea of how to get help,' said Angelo Castillo, the Broward County Human Services Department director. He said Monday's decision could help spur people to cooperate in a campaign expected to begin next month in a countywide effort to crack down on panhandling.

While the county won't make it illegal, it will begin to encourage people not to give cash to beggars, but to make donations to the agencies that help the homeless.
 

The panhandling rule was not originally intended to target homeless people, said Assistant City Manager Bud Bentley. It was meant to crack down on rowdy Spring Break kids, he said.
   The penalty for the no-soliciting rule is a fine of up to $500, 60 days in jail, or community service.

Copyright 1999, Sun-Sentinel Co. & South Florida Interactive, Inc.