HAYES v. MUNICIPAL COURT OF OKLAHOMA CITY

No. A-16803.

487 P.2d 974 (1971)

Gary J. HAYES, on behalf of himself and all others similarly situated, Petitioner, v. MUNICIPAL COURT OF OKLAHOMA CITY, Philip Lambert, Chief Presiding Judge, Respondent.

Court of Criminal Appeals of Oklahoma.

July 28, 1971.


Attorney(s) appearing for the Case

Thomas Hoffman, Legal Aid Society, Oklahoma City, for petitioner.

Roy H. Semtner, Municipal Counselor, Oklahoma City, Merle K. Garrette, Legal Intern, for respondent.


NIX, Judge:

This is an original proceeding for a writ of prohibition. Petitioner was arrested on July 8, 1971, at 3:00 o'clock a.m. and jailed for loitering in violation of Oklahoma City ordinance. Petitioner contends the anti-loitering ordinance is unconstitutional on its face as it denies due process and equal protection of the law because it is vague and overbroad, allows arrest on suspicion, and unlawfully limits freedom of movement, assembly and association....

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