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"'[A] law fails to meet the requirements of the Due Process Clause if it is so vague and standardless that it leaves the public uncertain as to the conduct it prohibits,'" noted Justice Stevens, "[i]f the loitering is in fact harmless and innocent, the dispersal order itself is an unjustified impairment of liberty." —
The Loitering and Ruffianry Law (in Spanish: "Ley de Vagos y Maleantes") of August 4, 1933, aimed to address issues related to vagrants, nomads, procurers, and other behaviors deemed antisocial. [13] Popularly known as "La Gandula", the law gained consensus approval from all political groups during the Second Republic, with the intention of ...
Case Law: People ex rel. Gallo vs. Acuna (1997) 14 Cal. 4th 1090. On January 30, 1997, the constitutionality of gang injunctions as we know them today was established. The California Supreme Court ruled that the City of San Jose may implement a civil gang injunction that restricts non-criminal behavior if committed by alleged gang members in a ...
ALBANY — New York repealed a vague loitering law advocates say has long been used by police to harass and target transgender people. The measure striking down what’s become known as the state ...
(The Center Square) – The Illinois Supreme Court is considering whether to find a state firearms statute prohibiting open carry unconstitutional in the case Illinois v. Tyshon Thompson. Thompson ...
Homeless people find it harder to secure employment, housing, or federal benefits with a criminal record, and therefore penalizing the act of being homeless makes exiting such a situation much more difficult. They may face potential legal repercussions such as fines and jail time for seeking shelter in vehicles (Tennessee) and "loitering". [15]
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Critics argue that such ordinances are a criminalization of homelessness, a criminalization of ordinary activities – hence prone to selective enforcement – and unnecessary, since existing, narrowly targeted laws ban the undesirable activities such as aggressive begging, obstruction of sidewalks, loitering, and aggressive pursuit.