Steffy v. City of Fort Smith

I respectfully dissent from the majority opinion. Although I agree with the majority that the ordinances at issue are rationally related to a legitimate state interest, in my view they are void for vagueness. Because the ordinances do not meet constitutional due-process requirements, I would reverse the judgment against Noah Steffy.

The ordinances we must examine are nuisance Ordinances 16-4 and 16-5. Ordinance 16-4 provides:

Care of premises. It shall be unlawful for either the owner or occupant of a residential or nonresidential building, structure or property to utilize the premises of such…