Case Comment, City of Chicago v. Morales: Street Gangs, Public Spaces, and the Limits of Police Discretion
5 Tex. Hisp. J.L. & Pol'y 105 (2001)
24 Pages Posted: 12 Apr 2015 Last revised: 2 Dec 2019
Abstract
This Note examines a 1999 opinion by the U.S. Supreme Court about a controversial gang-loitering ordinance passed seven years earlier in Chicago, Illinois. After setting the pre-litigation historical stage, it recounts how scores of Chicagoans successfully challenged the ordinance’s constitutionality in the state courts; scrutinizes the text of the ordinance, paying particular attention to how critical terms are defined; analyzes the U.S. Supreme Court’s six-to-three opinion, addressing some of the views expressed by the dissenters; and evaluates why a revised ordinance is doomed, outlining a viable and legitimate extra-legal alternative for reducing harmful street gang loitering. It ends by cogitating on the ramifications of the Court’s opinion.
Keywords: Chicago, fair notice, loiter, minimal guidelines, ordinance, police, street gangs, vagueness
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