One thing my Provost letter said cost me tenure was that I asked a Cleveland police officer not to harass a client of mine for holding up a sign AFTER we had successfully sued the city and forced the repeal of an unconstitutional anti-panhandling law. Short thread.

While I knew that representing people experiencing homelessness had not made me very popular in Ohio, and I had once heard that someone in the Provost's office had concerns about my work, I didn't know any specifics, until I didn't get tenure.

Beginning in 2015, I worked with @acluohio on a campaign to fight anti-panhandling laws in Ohio. These laws criminalize asking for help, which violates the First Amendment right to free speech. Through a mix of litigation and policy, several dozen Ohio cities have repealed laws.

In 2017, I had honor of representing John to challenge Cleveland's anti-panhandling law. By that point, there was little doubt that the law was unconstitutional as a content-based restriction on speech. The city briefly fought it, but then conceded. https://www.acluohio.org/archives/cases/mancini-et-al-v-city-of-cleveland-et-al

Alas! @playhousesquare wants to protect theatre goers from suburbs from the apparently offensive sight of people in poverty, so it uses a mix of Business Improvement District workers and police officers to keep its sidewalk clear of other people who have a right to the space.

Cleveland's anti-panhandling law was repealed because it was unconstitutional. Surely, this would be the end of Playhouse Square deploying law enforcement to keep its patrons safe from panhandlers or other people in visible poverty.

Well, no.

In 2019, I was walking down the street to get lunch, and I bumped into a panhandler. (Yes, I know many ppl experiencing homelessness by name). He was agitated that a Playhouse Square cop said he couldn't be near the theater. I walked with him and he pointed out the offender.

I went up to officer and asked why he continued to enforce anti-panhandling law that had been repealed. He said he didn't think panhandlers should be allowed around the theater. I said I didn't care what he thought because the law was repealed and "John" had a right to be there.

I asked to speak to his manager to resolve this issue once and for all. I spoke to his manager -- to my surprise a @playhousesquare employee, not a police officer -- and we argued about whether it was considered "trespassing" for someone to sit on a sidewalk. It isn't.

The manager asked who I was, and I told him my name, I said I worked at CSU, I said that I had represented John in successfully challenging Cleveland's anti-panhandling law, and I gave him my business card. I thought that would be the end of it. But oh! No.

Apparently, unknown to me, police officers were offended that they didn't have free reign to police space. So one wrote my Dean @rolandvanglin to complain. I didn't know any of this until I got my tenure denial. After having to file public records requests, I learned

that one officer recounted that I had approached them and asked them to leave John alone, and asked to speak to their manager. (They claimed that I said "fuck you," although I flatly deny this, and it's not clear how this would have come up.)

The main grievance they had was that I was "hostile," that I wanted to talk to their manager, and that I was challenging their authority. I doubt there was any set of circumstances under which they would have been satisfied with my request.

Ideally, I would have had a chance to explain this, or even been told that CSU received this letter. That did not happen. I have asked for all of the records associated with this event, such as body cams, to demonstrate this story. Alas, we await.

Ironically, people like cops, Playhouse Square personnel, etc., can curse at the people I represent all day without consequence. They can even enforce unconstitutional speech restrictions against them. But if anyone pushes back, even a little, that will trigger action.

Anyway, here are all of the letters I've been able to obtain through public records requests to date:

https://www.dropbox.com/s/wqud2pn0ya8jf3w/Playhouse%20Square%20%281%29.pdf?dl=0 https://www.dropbox.com/s/wqud2pn0ya8jf3w/Playhouse%20Square%20%281%29.pdf?dl=0

As longtime followers know, I've fought over and over again laws that penalize people experiencing homelessness. I've been part of national and local orgs that have forced changes to laws on panhandling, encampments, loitering, etc. If price of tenure is to stay silent, I pass.

I was told when I entered academia that Assistant Professors should be seen and not heard; should publish but not make waves. I rejected that advice, at my expense.

If you have the privilege of being a professor, but refuse to fight for others... why even bother?

As long as you're here: 1) anti-loitering laws have been unconstitutional for decades; 2) anti-panhandling laws are also unconstitutional; 3) why are you bothering criminalizing homelessness anyway? Donate to @acluohio @NLCHPhomeless; 4) anyone want to hire me? Will send resume.

I find it interesting: 1) "things could have gone south" (arrest? beating?) for me, and 2) I "should be advised that the relationship between @playhousesquare and @CLE_State is an excellent one and being the two Biggest entities in our area we are going to keep it that way."