Panhandling can be found in most busy communities, generating many questions and complaints from residents. A panhandler is defined as someone who asks people for money in a public place. A federal district court in Chicago found an Illinois law unconstitutional in January 2021, saying asking for money is a protected act under the First Amendment.
A lawsuit was filed on behalf of two homeless individuals, alleging the enforcement of the anti-solicitation provisions of Illinois law, 625 ILCS 5/11- 1006(c), against them violated their First Amendment rights under the U.S. Constitution. The statute provides that solicitation of contributions on a highway is prohibited unless the solicitor is a representative of an agency registered with the Illinois Attorney General as a charitable organization, engaged in a statewide fundraising activity and imposes additional restrictions, which effectively prohibit panhandling by individuals. The court determined asking for money is protected by free speech and the First Amendment, therefore prohibiting ordinances that make panhandling illegal.