Political Law, 2011 Bar — Question 48
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An ordinance prohibits “notorious street gang members” from loitering in public places. The police are to disperse them or, if they refuse, place them under arrest. The ordinance enumerates which police officers can make arrest and defines street gangs, membership in them, and public areas. The ordinance was challenged for being vague regarding the meaning of “notorious street gang members.” Is the ordinance valid? (A) No, it leaves the public uncertain as to what conduct it prohibits. (B) No, since it discriminates between loitering in public places and loitering in private places. (C) Yes, it provides fair warning to gang members prior to arrest regarding their unlawful conduct. (D) Yes, it is sufficiently clear for the public to know what acts it prohibits.
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