Legal Opinion

City of West Palm Beach v. Chatman

District Court of Appeal of Florida

Decided May 8, 2013No. 4D11-2248Published

1Opinion of the CourtLevine, J.

The issue presented for our review is whether a municipal ordinance criminalizing “loitering with intent to commit prostitution” is facially unconstitutional. We find that the ordinance is overbroad and vague, and as such, we affirm the trial court which correctly found this ordinance unconstitutional.

Appellee was charged with violating the City of West Palm Beach ordinance regarding “Loitering with the Intent to Commit Prostitution.”1 In this case, a law enforcement officer from the West Palm Beach Police Department observed appel-lee “standing in an area known for prostitution activity…

2Cases cited9 opinions

  1. Connally v. General Construction Co.Supreme Court of the United States · 1926
  2. Bouie v. City of ColumbiaSupreme Court of the United States · 1964
  3. City of Chicago v. MoralesSupreme Court of the United States · 1999
  4. Ashcroft v. Free Speech CoalitionSupreme Court of the United States · 2002
  5. SE FISHERIES v. Dept. of Nat. ResourcesSupreme Court of Florida · 1984

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