City of Tiffin v. McEwen

Shaw, Presiding Judge.

This is an appeal by the city of Tiffin from the judgment of the Municipal Court of Tiffin, Ohio, dismissing the charges against defendant Kristopher B. McEwen and finding. Tiffin Codified Ordinance 509.11(a) to be an unconstitutional exercise of police power in violation of the defendant’s rights under the First Amendment to the United States Constitution.

At approximately 1:57 a.m. on May 9, 1998, Tiffin Police Officer David Horn was sitting in a police cruiser parked at the far end of Tiffin City Lot # 5 working on reports. As Officer Horn was working, he heard “music…