WASHINGTON v. GARMIRE

Civ. No. 70-150.

317 F.Supp. 1384 (1970)

Edward D. WASHINGTON et al., Plaintiffs, v. Bernard GARMIRE et al., Defendants.

United States District Court, S. D. Florida, Miami Division.

September 28, 1970.


Attorney(s) appearing for the Case

Elizabeth J. DuFresne, Roberta F. Fox and Alfred Feinberg, of Legal Services Program, Inc., Miami, Fla., for plaintiffs.

Alan H. Rothstein, City Atty., and Stanley R. Sterbenz, Asst. City Atty., Miami, Fla., for defendants.


ATKINS, District Judge.

THIS CAUSE is before the Court on the Motion for Summary Judgment filed by plaintiffs. The motion is directed to the first cause of action which presents a facial attack upon the constitutionality of Chapter 38, § 26, City of Miami Code (making it a crime to loiter or prowl). Argument was heard on the regular motion calendar held March 30, 1970. The Court reserved ruling.

On February 6, 1970 this Court entered a temporary injunction...

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