Cite as: 527 U. S. 41 (1999)
Opinion of the Court
criminal street gang members creates a justifiable fear for the safety of persons and property in the area' " and that " '[a]ggressive action is necessary to preserve the city's streets and other public places so that the public may use such places without fear.' " Moreover, the council concluded that the city " 'has an interest in discouraging all persons from loitering in public places with criminal gang members.' " Ibid.
The ordinance creates a criminal offense punishable by a fine of up to $500, imprisonment for not more than six months, and a requirement to perform up to 120 hours of community service. Commission of the offense involves four predicates. First, the police officer must reasonably believe that at least one of the two or more persons present in a " 'public place' " is a " 'criminal street gang membe[r].' " Second, the persons must be " 'loitering,' " which the ordinance defines as " 'remain[ing] in any one place with no apparent purpose.' " Third, the officer must then order " 'all' " of the persons to disperse and remove themselves " 'from the area.' " Fourth, a person must disobey the officer's order. If any person, whether a gang member or not, disobeys the officer's order, that person is guilty of violating the ordinance. Ibid.2
2 The ordinance states in pertinent part: "(a) Whenever a police officer observes a person whom he reasonably believes to be a criminal street gang member loitering in any public place with one or more other persons, he shall order all such persons to disperse and remove themselves from the area. Any person who does not promptly obey such an order is in violation of this section.
"(b) It shall be an affirmative defense to an alleged violation of this section that no person who was observed loitering was in fact a member of a criminal street gang.
"(c) As used in this Section: "(1) 'Loiter' means to remain in any one place with no apparent purpose. "(2) 'Criminal street gang' means any ongoing organization, association in fact or group of three or more persons, whether formal or informal, having as one of its substantial activities the commission of one or more of the criminal acts enumerated in paragraph (3), and whose members
47
Page: Index Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 NextLast modified: October 4, 2007