Sara - Thanks for your report regarding the solicitors in the area. In addition to the person you mentioned there are several other more organized groups that solicit in the area on Washington and Montvale as well la Mishawum and Commerce.

The SJC had ruled in the case below that soliciting is protected speech and that we are unable to move them along just based upon the soliciting. We CAN move them if the create a public safety issue for themselves or the general public. I'd be more than happy to discuss the while issue with you if you'd like to give me a call. Chief Ferullo.
781-932-4518 or rferullo@woburnpd.com

CRAIG BENEFIT vs. CITY OF CAMBRIDGE & others. [Note 1]

424 Mass. 918

April 8, 1997 - May 14, 1997

Middlesex County

Present: WILKINS, C.J., ABRAMS, LYNCH, O'CONNOR, GREANEY, FRIED & MARSHALL, JJ.

A person who had been arrested and prosecuted under G. L. c. 272, s. 66, and who demonstrated a continuing likelihood of continued prosecution under that statute, had standing to seek a declaration pursuant to G. L. c. 231A, that the criminal statute was unconstitutional. [920-922]

Where soliciting of contributions, including peaceful begging, is expressive activity protected by the First Amendment to the United States Constitution, [922-923], where G. L. c. 272, s. 66, imposes a criminal sanction on begging based on the consent of a beggar's speech in public places [923-925], and where there was no demonstration that the statute was necessary to serve a compelling State interest [925-927], a judge in the Superior Court correctly declared that G. L. c. 272, s. 66, was an overbroad and unconstitutional regulation of speech protected by the First Amendment [927].