Anthony Rowand has filed a lawsuit against the City of Morgantown, West Virginia in the United States District Court for the Northern District of West Virginia. The case, bearing the ID 1:24-cv-00041-TSK, was filed on April 22, 2024. The plaintiff alleges that the city's ordinance against soliciting donations violates his First Amendment rights.
Rowand, who is unemployed and relies on public donations for survival, claims that he has been repeatedly ticketed and prosecuted under this ordinance. He asserts that the law has been enforced more strictly recently due to political efforts to remove the poor and unhoused from the city and Monongalia County.
The plaintiff further argues that this ordinance discriminates against certain types of speech within public forums and does not serve a valid or compelling governmental interest. It is not narrowly tailored to address real public concerns but instead infringes upon fundamental rights protected by both the United States and West Virginia Constitutions.
Rowand seeks a declaration of unconstitutionality for this ordinance and an injunction against its future enforcement. He also seeks damages for injuries already inflicted upon him due to what he believes is an unconstitutional infringement of his rights.