City of Yakima v. Johnson

Defendant appeals from a conviction of soliciting prostitution in violation of the following ordinance of the City of Yakima:

Any person practicing or soliciting prostitution, or keeping a house of prostitution or any place for the practice of prostitution, is hereby declared to be a vagrant.

Yakima Municipal Code § 6.04.385.

Error is assigned to the trial court’s denial of defendant’s motion to dismiss upon two constitutional grounds: (1) The ordinance is void for vagueness violative of due process, and (2) The Yakima police engaged in discriminatory and selective enforcement policies violative…