(Above) Kim Pindak outside Dirksen Federal Building in the Loop on January 25, the first day of testimony in his lawsuit against Cook County. AP Photo/Michael Tarm. (Click on image to view larger version.)

February 4, 2016 – A federal jury has awarded two panhandlers $1,500 each, saying Cook County Sheriff Tom Dart and his deputies violated their First Amendment rights when prohibiting them from soliciting donations from visitors to and those passing by Daley Center, the county’s civil courthouse.

On January 28, the jury found in favor of plaintiffs Kim Pindak and Sam Philips, panhandlers who said courthouse security under the supervision of Dart’s office moved to stop them from begging in the plaza at Daley Center.

Pindak and Philips alleged these actions by contracted private courthouse security and publicly employed sheriff’s deputies cost them money and undermined their free speech rights, which, as panhandlers, included the opportunity to ask other people for money.

Judge rules for plaintiffs, lets jury decide remedy

In August, U.S. District Judge Rebecca Pallmeyer ruled in favor of the plaintiffs, saying their rights to panhandle under the First Amendment were “clearly established,” and that the private security guards and the sheriff’s deputies had improperly moved to “regulate speech activities on Daley Plaza, a public forum.”

Attorneys for Pindak and Philips argued the violations of their rights occurred because the sheriff’s office had not properly trained the security officers and deputies on how to interact with panhandlers, and had not educated them on the rights of panhandlers under the U.S. Constitution and Chicago’s panhandling ordinance.

The judge agreed, finding the sheriff’s office was not exempt from damages in the case. She left it to jurors to determine how much each panhandler plaintiff would receive from the county.

Adele Nicholas, a civil rights lawyer who represented the panhandlers, said she was “proud of our clients for having the courage to come forward and tell their stories in court, and grateful to the court and the jury for taking their rights seriously.”

“It’s a testament to the strength of our civil justice system that two panhandlers can come to federal court and hold accountable the top executive of one of the nation’s largest sheriff’s departments,” said Nicholas (left).