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Times suing St. Petersburg over law against panhandling

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The St. Petersburg Times is suing its home city in federal court over a newly approved ban on street solicitation.

The Times says in its lawsuit that the ban violates the First Amendment rights of the paper and its readers. The ban also is unconstitutional, the paper argues, because it doesn't apply to "certain favored types of speech," including advertisements and political campaigning.

City Attorney John Wolfe said the city has not seen the lawsuit yet, and could not comment.

The complaint says enacting the ban will cause the Times irreparable harm. It asks a federal judge to enter a temporary injunction blocking the enforcement of the ban, set to begin later this month.

After a court hearing, the paper wants a judge to make the injunction permanent.

Bill Barker, vice president of operations for the Tampa Tribune, said the newspaper agrees in principle with the Times' position and is monitoring the situation closely.

The ban affects the Times use of about 90 street vendors to sell about 7,000 papers every Sunday at busy intersections, according to the complaint. The sales program provides "part-time opportunities to marginalized and disadvantaged individuals who have difficulty maintaining steady work or who are building or rebuilding employment skills," the complaint states.

The paper says its street hawkers abide by a set of strict safety rules that prohibit them from interfering with traffic flow.

The complaint alleges that the city's stated interest in protecting traffic safety is merely an excuse for discrimination against panhandlers. Moreover, the suit says the city is restricted by state law from enacting traffic ordinances.

The complaint also asks the court to order the city to pay attorneys fees and court costs.

Reporter Elaine Silvestrini can be reached at (813) 259-7837.

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