Regina’s claim that the statue is unconstitutional

  The State of New York has passed a statute that makes it a misdemeanor for “any person to go about in a public or private sidewalk to which the public is permitted for the purpose of begging or panhandling.” The statute clearly indicates that the law was passed to facilitate the free flow of traffic on sidewalks and streets. Regina Best, a 35 year-old homeless person living in New York City, has filed a suit in federal district court challenging the statute claiming it violates her First Amendment rights. Regina frequently sits at the corner of 42nd Street and 5th Avenue near the New York Public library holding a cup and wearing a sign asking for assistance. Regina has been arrested twice for violating that statute. Rick Best, Regina’s son, a successful lawyer files a lawsuit in federal court challenging the statute on First Amendment grounds. What arguments can be made supporting Regina’s claim that the statue is unconstitutional? What arguments can the State of New York make in support that the law banning panhandling as being permitted?