Thursday, October 09, 2008

So me and my boyfriend were having an argument...

....about the viability of outlawing "loitering". So I looked it up.

From Chicago v. Morales:

"Chicago’s Gang Congregation Ordinance prohibits 'criminal street gang members' from loitering in public places. Under the ordinance, if a police officer observes a person whom he reasonably believes to be a gang member loitering in a public place with one or more persons, he shall order them to disperse. Anyone who does not promptly obey such an order has violated the ordinance. The police department’s General Order 92—4 purports to limit officers’ enforcement discretion by confining arrest authority to designated officers, establishing detailed criteria for defining street gangs and membership therein, and providing for designated, but publicly undisclosed, enforcement areas. Two trial judges upheld the ordinance’s constitutionality, but eleven others ruled it invalid. The Illinois Appellate Court affirmed the latter cases and reversed the convictions in the former. The State Supreme Court affirmed, holding that the ordinance violates due process in that it is impermissibly vague on its face and an arbitrary restriction on personal liberties."

So apparently I am of the dissenting opinion and Jeremy is of the majority opinion.

/sigh

Now if only all boyfriend/girlfriend disputes could be settled by Supreme Court verdicts....