City of Cincinnati v. Adams

This matter is before the court upon defendant’s motion to dismiss the complaint on grounds that Section 909-5 of the Cincinnati Municipal Code, under which he is charged, violates defendant’s right of freedom of expression guaranteed by the First and Fourteenth Amendments to the United States Constitution and is also unconstitutionally vague. Section 909-5, C.M.C., provides as follows:

“No person within the city of Cincinnati shall appear in a dress or costume not customarily worn by his or her sex, or in a disguise when such dress, apparel, or disguise is worn with the intent of committing…