Case: Speet v. Schuette

1:11-cv-00972 | U.S. District Court for the Western District of Michigan

Filed Date: Sept. 13, 2011

Closed Date: Oct. 23, 2013

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Case Summary

A homeless resident and a veteran with disabilities, who had both been arrested and prosecuted under a Michigan anti-begging statute, filed this lawsuit in the U.S. District Court for the Western District of Michigan, against the City of Grand Rapids and its police department on Sept. 13, 2011. The law that the plaintiffs were arrested under criminalized all begging in public places. The plaintiffs, represented by the ACLU, challenged the constitutionality of the statute, both on its face and as applied, and sought declaratory, injunctive and monetary relief. The plaintiffs alleged that the enforcement of the statute violated their rights under the First Amendment, Equal Protection Clause, and Due Process Clause. They further alleged that the defendants failed to train, supervise, and discipline their personnel and officers to act in accordance with the Constitution.

On Aug. 24, 2012, District Judge Robert J. Jonker granted partial summary judgment to the plaintiffs. Speet v. Schuette, 889 F. Supp. 2d 969 (W.D. Mich. 2012). The court found that the statute, on its face, violated the First Amendment and the Equal Protection Clause of the Fourteenth Amendment. The court held that the statute was a content-based restriction on protected speech in a public forum, and that it caused disparate treatment. The court found that the defendants failed to demonstrate that the statute was narrowly tailored to its purported purpose of preventing fraudulent or dishonest panhandling. The statute was therefore held unconstitutional.

The defendants appealed the decision, and on Aug. 14, 2013, the Sixth Circuit affirmed the district court (726 F.3d 867), holding that soliciting alms was protected under the First Amendment and that the Michigan statute was unconstitutional.

In 2013, following the appeal, the ACLU reached settlement agreements with the State of Michigan and the City of Grand Rapids regarding damages and attorney's fees. The City of Grand Rapids approved a $48,000 settlement on October 8, 2013. The terms of the settlement agreements were not otherwise made public and the case closed shortly after.

The ACLU subsequently identified approximately 80 local ordinances in Michigan similar to the state law held unconstitutional by the Sixth Circuit, and sent letters to the municipalities requesting changes to the ordinances. This effort led to an additional suit, Cuthrell v. Charter Township of Waterford, which also settled after the township revised its statute.

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Summary Authors

Emma Bao (6/24/2013)

Elizabeth Greiter (3/22/2018)

Nathaniel Flack (10/12/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13089596/parties/speet-v-schuette/

Judge(s)

Adams, John R. (Ohio)

Jonker, Robert James (Michigan)

Attorney for Plaintiff

Aukerman, Miriam (Michigan)

Korobkin, Daniel S. (Michigan)

Attorney for Defendant

Bloemers, Margaret P (Michigan)

Judge(s)

Adams, John R. (Ohio)

Jonker, Robert James (Michigan)

Martin, Boyce Ficklen Jr. (Kentucky)

Sutton, Jeffrey S. (Ohio)

Attorney for Plaintiff

Aukerman, Miriam (Michigan)

Korobkin, Daniel S. (Michigan)

Moss, Kary L. (Michigan)

Steinberg, Michael J. (Michigan)

Attorney for Defendant

Bloemers, Margaret P (Michigan)

Sherman, Ann (Michigan)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:11-cv-00972 12-02213	Docket [PACER]	Oct. 23, 2013	Oct. 23, 2013 Docket
	Press Release No Court	May 16, 2011	May 16, 2011 Press Release
1 1:11-cv-00972	Complaint	Sept. 13, 2011	Sept. 13, 2011 Complaint
25 1:11-cv-00972	Opinion and Order [Granting Partial Summary Judgment in favor of Plaintiffs]	Aug. 24, 2012	Aug. 24, 2012 Order/Opinion 889 F.Supp.2d 889
26 1:11-cv-00972	Stipulation and Proposed Order re Entry of Final Judgment on First and Third Counts of Complaint under Rule 54(B) and Entry of Permanent Injunction Barring Enforcement of M.C.L. § 750.167(1)(h)	Sept. 10, 2012	Sept. 10, 2012 Pleading / Motion / Brief
27 1:11-cv-00972	Order re Entry of Final Judgment on First and Third Counts of Complaint under Rule 54(B) and Entry of Permanent Injunction Barring Enforcement of M.C.L. § 750.167(1)(h)	Sept. 13, 2012	Sept. 13, 2012 Order/Opinion
29 12-02213	Opinion [USCA 6th Circuit] U.S. Court of Appeals for the Sixth Circuit	Aug. 14, 2013	Aug. 14, 2013 Order/Opinion 726 F.3d 726

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/13089596/speet-v-schuette/

Last updated April 15, 2024, 3:11 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT with jury demand against All Defendants filed by James Speet, Ernest Sims (Attachments: # 1 Index Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Aukerman, Miriam) (Entered: 09/13/2011) 1 Index Exhibits View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER 5 Exhibit D View on PACER 6 Exhibit E View on PACER 7 Exhibit F View on PACER	Sept. 13, 2011	Sept. 13, 2011 Clearinghouse
	FILING FEE PAID re 1 by plaintiffs Ernest Sims, James Speet in the amount of $350, receipt number 0646-2037935 (Aukerman, Miriam)	Sept. 13, 2011	Sept. 13, 2011 PACER
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Daniel Stewart Korobkin on behalf of plaintiffs Ernest Sims, James Speet (Korobkin, Daniel)	Sept. 13, 2011	Sept. 13, 2011 PACER
2	NOTICE that this electronically-filed case has been assigned to Judge Robert J. Jonker (elc) (Entered: 09/13/2011)	Sept. 13, 2011	Sept. 13, 2011 PACER
	SUMMONS NOT ISSUED as to defendants Gregory Bauer, Kevin Belk, Grand Rapids, City of, Bill Schuette ; none provided (elc)	Sept. 13, 2011	Sept. 13, 2011 PACER
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Michael J. Steinberg on behalf of plaintiffs Ernest Sims, James Speet (Steinberg, Michael)	Sept. 13, 2011	Sept. 13, 2011 PACER
3	(DISREGARD) PROPOSED SUMMONS to be issued re 1 (Steinberg, Michael) Modified text on 9/13/2011. Phone call from attorney's office. They will correct and refile. (kw) Refiled as entry 4 . Modified text on 9/13/2011 (kw). (Entered: 09/13/2011)	Sept. 13, 2011	Sept. 13, 2011 PACER
4	PROPOSED SUMMONS to be issued re 1 (Steinberg, Michael) (Entered: 09/13/2011)	Sept. 13, 2011	Sept. 13, 2011 PACER
	SUMMONS ISSUED as to defendants Gregory Bauer, Kevin Belk, Grand Rapids, City of, Bill Schuette and returned to attorney for plaintiff (kvt)	Sept. 14, 2011	Sept. 14, 2011 PACER
5	MOTION for partial summary judgment ( responses due 10/17/2011;), MOTION for permanent injunction, MOTION for preliminary injunction, MOTION for declaratory judgment by plaintiffs Ernest Sims, James Speet; (Korobkin, Daniel) (Entered: 09/15/2011)	Sept. 15, 2011	Sept. 15, 2011 PACER
6	BRIEF in support of MOTION for partial summary judgment MOTION for permanent injunction MOTION for preliminary injunction MOTION for declaratory judgment 5 filed by Ernest Sims, James Speet (Attachments: # 1 Exhibit A - Thompson v. City of Chicago)(Korobkin, Daniel) (Entered: 09/15/2011) 1 Exhibit A - Thompson v. City of Chicago View on PACER	Sept. 15, 2011	Sept. 15, 2011 PACER
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Ann Maurine Sherman on behalf of defendant Bill Schuette (Sherman, Ann)	Sept. 16, 2011	Sept. 16, 2011 PACER
7	SUMMONS returned executed; All Plaintiffs (Aukerman, Miriam) (Entered: 09/21/2011)	Sept. 21, 2011	Sept. 21, 2011 PACER
8	CERTIFICATE OF SERVICE by plaintiffs Ernest Sims, James Speet re Brief in Support of a Motion, 6, MOTION for partial summary judgment MOTION for permanent injunction MOTION for preliminary injunction MOTION for declaratory judgment 5 (Aukerman, Miriam) (Entered: 09/22/2011)	Sept. 22, 2011	Sept. 22, 2011 PACER
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Margaret P. Bloemers on behalf of defendants Gregory Bauer, Kevin Belk, Grand Rapids, City of (Bloemers, Margaret)	Oct. 5, 2011	Oct. 5, 2011 PACER
9	ANSWER to complaint 1 with affirmative defenses by Bill Schuette(Sherman, Ann) (Entered: 10/10/2011)	Oct. 10, 2011	Oct. 10, 2011 PACER
10	ANSWER to complaint 1 with affirmative defenses and jury demand by Gregory Bauer, Kevin Belk, Grand Rapids, City of(Bloemers, Margaret) (Entered: 10/11/2011)	Oct. 11, 2011	Oct. 11, 2011 PACER
11	RESPONSE in opposition to MOTION for partial summary judgment MOTION for permanent injunction MOTION for preliminary injunction MOTION for declaratory judgment 5 and Request for Summary Judgment for Non-Movant Under Fed. R. Civ. P. 56(F) filed by Bill Schuette (Sherman, Ann) (Entered: 10/17/2011)	Oct. 17, 2011	Oct. 17, 2011 PACER
12	RESPONSE in opposition to MOTION for partial summary judgment MOTION for permanent injunction MOTION for preliminary injunction MOTION for declaratory judgment 5 filed by Gregory Bauer, Kevin Belk, Grand Rapids, City of (Attachments: # 1 Exhibits 1-3, # 2 Exhibits 4-6)(Bloemers, Margaret) Modified double text on 10/18/2011 (elc). (Entered: 10/17/2011) 1 Exhibits 1-3 View on PACER 2 Exhibits 4-6 View on PACER	Oct. 17, 2011	Oct. 17, 2011 PACER
13	ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 12/7/2011 at 04:00 PM at 699 Federal Building, Grand Rapids, MI before Judge Robert J. Jonker; status report due by 12/1/2011 ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, mil) (Entered: 10/20/2011)	Oct. 20, 2011	Oct. 20, 2011 PACER
14	REPLY to response to motion 5 for Patial Summary Judgment filed by Ernest Sims, James Speet (Aukerman, Miriam) (Entered: 10/31/2011)	Oct. 31, 2011	Oct. 31, 2011 PACER
15	JOINT STATUS REPORT submitted for filing by plaintiffs Ernest Sims, James Speet (Aukerman, Miriam) (Entered: 12/01/2011)	Dec. 1, 2011	Dec. 1, 2011 PACER
16	MINUTES of scheduling conference held before Judge Robert J. Jonker (Court Reporter: Glenda Trexler) (Judge Robert J. Jonker, mil) (Entered: 12/07/2011)	Dec. 7, 2011	Dec. 7, 2011 PACER
17	CASE MANAGEMENT ORDER AND NOTICE OF MOTION HEARING regarding document number 5 and 11 : motion hearing is set for 2/16/2012 at 3:30 PM at 699 Federal Building, Grand Rapids, MI before Judge Robert J. Jonker; (Judge Robert J. Jonker, ymc) (Entered: 12/08/2011)	Dec. 8, 2011	Dec. 8, 2011 PACER
18	MINUTES of motion hearing re 5 MOTION for partial summary judgment MOTION for permanent injunction MOTION for preliminary injunction MOTION for declaratory judgment filed by Ernest Sims, James Speet held before Judge Robert J. Jonker (Court Reporter: Glenda Trexler) (Judge Robert J. Jonker, ymc) (Entered: 02/17/2012)	Feb. 16, 2012	Feb. 16, 2012 PACER
19	(DISREGARD) ORDER re 5 ; further briefing due no later than 3/2/2012; and any response due no later than 3/9/2012; 5 will be taken under advisement ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) Modified text per chambers request on 2/21/2012 (ald). (Entered: 02/17/2012)	Feb. 17, 2012	Feb. 17, 2012 PACER
20	ORDER re 5 ; further briefing due no later than 3/2/2012; and any response due no later than 3/9/2012; 5 will be taken under advisement ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 02/21/2012)	Feb. 21, 2012	Feb. 21, 2012 PACER
21	TRANSCRIPT of Motion Hearing held 02/16/2012 before Judge Robert J. Jonker; NOTE: this transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the release of transcript restriction date; after that date it may be obtained through PACER; under the Policy Regarding Transcripts the parties have 14 days within which to file a Notice of Intent to redact, and 21 days within which to file a Redaction Request; if no Transcript Redaction Request is filed, the court will assume redaction of personal identifiers is not necessary and this transcript will be made available via PACER after the release of transcript restriction set for 5/24/2012 ; redaction request due 3/16/2012 (Court Reporter: Trexler, Glenda (517)819-0396) (Entered: 02/24/2012)	Feb. 24, 2012	Feb. 24, 2012 PACER
22	RESPONSE in opposition to MOTION for partial summary judgment MOTION for permanent injunction MOTION for preliminary injunction MOTION for declaratory judgment 5 filed by Gregory Bauer, Kevin Belk, Grand Rapids, City of (Bloemers, Margaret) (Entered: 03/02/2012)	March 2, 2012	March 2, 2012 PACER
23	SUPPLEMENT re Brief in Support of a Motion, 6 by defendant Bill Schuette (Sherman, Ann) (Entered: 03/02/2012)	March 2, 2012	March 2, 2012 PACER
24	REPLY to response to motion 5 for partial summary judgment, supplemental briefing filed by Ernest Sims, James Speet (Aukerman, Miriam) (Entered: 03/09/2012)	March 9, 2012	March 9, 2012 PACER
25	OPINION AND ORDER granting 5 motion for partial summary judgment ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 08/24/2012)	Aug. 24, 2012	Aug. 24, 2012 Clearinghouse
26	STIPULATION and PROPOSED ORDER re Entry of Final Judgment on First and Third Counts of Complaint under Rule 54(B) and Entry of Permanent Injunction Barring Enforcement of MCL 760.167(1)(h) by defendants Gregory Bauer, Kevin Belk, Grand Rapids, City of, Bill Schuette, plaintiffs Ernest Sims, James Speet (Attachments: # 1 Proposed Order)(Aukerman, Miriam) (Entered: 09/10/2012) 1 Proposed Order View on PACER	Sept. 10, 2012	Sept. 10, 2012 Clearinghouse
27	ORDER granting STIPULATION 26 re Entry of Final Judgment on First and Third Counts of Complaint under Rule 54(B) and Entry of Permanent Injunction Barring Enforcement of MCL 760.167(1)(h); signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 09/13/2012)	Sept. 13, 2012	Sept. 13, 2012 Clearinghouse
28	NOTICE OF APPEAL re 27 by defendant Bill Schuette (Sherman, Ann) (Entered: 09/24/2012)	Sept. 24, 2012	Sept. 24, 2012 PACER
	RECEIPT: USCA appeal fee re 28 by defendant Bill Schuette in the amount of $455.00, receipt number LN001513 (pjw)	Sept. 25, 2012	Sept. 25, 2012 PACER
	CASE NUMBER 12-2213 assigned by the Sixth Circuit to appeal 28 (mkc)	Oct. 2, 2012	Oct. 2, 2012 PACER
29	JUDGMENT of USCA re appeal 28 ordering that the district court's judgment is affirmed (ald) (Entered: 08/14/2013)	Aug. 14, 2013	Aug. 14, 2013 PACER
30	MANDATE of USCA re appeal 28 affirming the district court's judgment (ald) (Entered: 09/06/2013)	Sept. 5, 2013	Sept. 5, 2013 PACER
31	PROPOSED STIPULATION and ORDER Dismissing Plaintiffs' Remaining Claims by defendants Gregory Bauer, Kevin Belk, Grand Rapids, City of (Bloemers, Margaret) (Entered: 10/22/2013)	Oct. 22, 2013	Oct. 22, 2013 PACER
32	ORDER granting STIPULATION 31 dismissing Plaintiffs' remaining claims ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 10/23/2013)	Oct. 23, 2013	Oct. 23, 2013 PACER