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CITY OF KETTERING v. STROOP

No. 2320-74.

43 Ohio Misc. 45 (1974)

CITY OF KETTERING v. STROOP.

Kettering Municipal Court.

Decided September 4, 1974.

Attorney(s) appearing for the Case

Mr. John Blake, city prosecutor, for plaintiff.

Mr. Robert E. Lackey, for defendant.

BERGER, J.

This matter is before the court on a motion to dismiss filed by the defendant herein, through his attorney, on the grounds that the defendant has been charged with violating an unconstitutional law, to wit: Section 612.12 of the Codified Ordinances of the city of Kettering, Ohio. This section of the Kettering ordinances is entitled "Consumption In Parks" and reads as follows:

"(a) No person shall consume or possess any beer or intoxicating liquor...

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