Case: Rowand v. City of Morgantown, West Virginia

This case challenged a city ordinance in Morgantown, West Virginia which prohibited solicitation from vehicles as a violation of the First Amendment. 

The Plaintiff, a resident of Monongalia County who was unemployed and relied on soliciting donations to cover his basic needs and those of his disabled girlfriend filed this lawsuit on April 22, 2024 as a class action in the U.S. District Court for the Northern District of West Virginia. He asked the court to certify the class defined as all persons who, on or after April 22, 2022, do or will attempt to solicit immediate donations from motorists in public rights of way within the City of Morgantown. Seeking declaratory and injunctive relief, the class claimed that Morgantown’s ordinance, which prohibited solicitation of persons traveling in vehicles on public rights-of-way, violated the First Amendment because it was facially content-based and not narrowly tailored. The named plaintiff also brought an individual claim seeking actual and compensatory damages for injuries he suffered due to Morgantown’s alleged violations of his First Amendment rights. He claimed he suffered worry, fear, anxiety, lost donations, incurrence of debt, and loss of his rights as a result of the city’s violations. 

On February 26, 2025, the parties filed a joint motion for class certification and preliminary and final approval of a proposed class action settlement. The motion asked the Court to certify a class defined as “all persons who, at any time between April 22, 2022, and May 21, 2024, were subjected to enforcement of Morgantown City Ordinance § 371.10 while panhandling on a public right of way within the jurisdiction of the City of Morgantown, West Virginia” through various forms of enforcement. The motion also indicated that the parties had reached a settlement agreement to resolve the lawsuit. The agreement included the following terms: (1) the City would arrange for the publication and vacation of charges for anyone previously convicted under the panhandling ordinance, (2) the City would reimburse fines or court costs paid by class members under the ordinance, (3) the City would concede that it could not enforce the former ordinance or a similar one without a court saying it is lawful, (4) the City would notify the Morgantown Police Department that the ordinance had been repealed and could not be unofficially enforced, (5) the City would pay a total of $35,100 to Mountain State Justice, Inc., with $10,000 to be distributed to the named plaintiff, $100 to the class member who paid fines or costs, and $25,000 to the class counsel’s attorney fees and costs, and (6) Mountain State Justice would agree to notify the City and negotiate in good faith before filing future individual damages claims related to the former ordinance. Furthermore, the parties indicated in the motion that they agreed on the form and content of a notice to the class to inform class members about the proposed settlements. The parties requested that the Court approve the notice and order its dissemination through posting in public areas and publication. 

As of April 15, 2025, the case is ongoing as the Court considers the parties’ joint motion.