Osage Beach sued over panhandling law, homeless couple claims ordinance is unconstitutional
OSAGE BEACH, Mo. (KMIZ)
A Mid-Missouri homeless couple filed a lawsuit against the City of Osage Beach in the Western District Court of Missouri this week over claims they did not violate the city's ordinance in regards to panhandling.
The lawsuit, filed by Jackie and Brittany Pugh, state the two are a homeless married couple and frequently beg for donations from members of the public.
The lawsuit was filed after an officer, referred to as "Officer Doe" allegedly stopped the couple from begging for money last summer.
The lawsuit says on Aug. 23 2024, the Pughs were sitting on public property near a crosswalk at the intersection of Osage Beach Parkway leading to the Murphy Express. It claims the couple propped up a sign against their bag asking for money but did not approach drivers.
The couple was approached by the officer, who allegedly told the two they could not be on private property and could not have signs that were panhandling within 50 feet of the crosswalk.
The lawsuit claims the Pughs and the officer agreed the two could continue displaying their sign if they moved 50 feet down the road and sat on the sidewalk.
The following day, the Pughs were approached by the same officer in the area they agreed upon, the lawsuit states.
Brittany Pugh recorded the couple's interaction with the officer, according to the lawsuit.
The officer allegedly told the Pughs he had reviewed the city's panhandling ordinance after speaking with them on the day before and said the ordinance doesn't allow people to panhandle in groups of two or more, court documents say.
The couple suggested they could continue to beg one at a time, but the officer told them because he knew they were together, they could not panhandle one at a time, the lawsuit says.
The couple allegedly claimed they were not panhandling, but rather were sitting in place with a sign.
According to the lawsuit, after the Pughs told the officer he was prohibiting them from begging he told them "Osage Beach isn't real friendly to panhandling." It also says he told them they had to leave if they were panhandling.
The lawsuit says the Pughs left Osage Beach after speaking with the officer on Aug. 24.
The lawsuit claims the couple did not violate the city's ordinance in terms of panhandling and argues it is unconstitutional under the First and Fourteenth Amendments.
Osage Beach city spokesperson Jayme Rutledge told ABC 17 News in an email "We are currently in the process of reviewing the lawsuit with our legal counsel. At this stage, we are focused on evaluating all aspects of the case and are not prepared to provide further comment."
