Commonwealth v. Kenny

By Judge Stanley P. Klein

This matter is before the Court on Defendant William J. Kenny’s Motion to Dismiss the charge against him for disturbing the peace in violation of Fairfax County Code § 5-1-15 (“the Ordinance”). Kenny urges the Court to dismiss the charge, asserting that the Ordinance is constitutionally infirm. Specifically, Kenny contends that the Ordinance, on its face, sweeps too broadly, proscribing protected speech. Upon consideration of the oral and written arguments advanced by the parties and for the reasons set forth in this opinion, the Court concludes that the Ordinance is…