Chicago v. Morales (US Supreme Ct, 1999)
Procedural Historv: Illinois Supreme Ct held ordinance violates due process.
Facts: Chicago City Council enacted Gang Congregation ordinance which prohibits "criminal street gang members" from "loitering" with one another or other persons in any public place. Creates criminal offense for failure to obey dispersal issue punishable by fine, imprisonment, community service.
Issue: Does the Chicago ordinance violate due process of law?
Rule: An ordinance must not be impermissibly vague on its face or arbitrarily restrict personal liberties.
Holding: Yes, ordinance violates due process.
Reasoning: 1. Lack of fair notice 2. Overly vague. Loiter definition in ordinance not a common concept. Doesn't specify what loitering covered by ordinance and what's not. 3. Doesn't matter loiterers not subject to sanction until failed to comply with order to disperse. (i) purpose of fair notice requirement to enable ordinary citizen to conform conduct to law (ii) terms of dispersal order give officers too much discretion 4. Ordinance doesn't adequately limit officer's discretion 5. Requires no harmful purpose and also applies to non-gang members 6. Doesn't actually extend scope to most harmful gang loitering (which has apparent purpose) Disposition: Judgment of Supreme Ct of Illinois affirmed