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CITY OF TACOMA v. LUVENE

No. 57591-6.

118 Wn.2d 826 (1992)

827 P.2d 1374

THE CITY OF TACOMA, Respondent, v. JOHN LUVENE, Petitioner.

The Supreme Court of Washington, En Banc.

April 16, 1992.

Attorney(s) appearing for the Case

Dino G. Sepe of Department of Assigned Counsel, for petitioner.

William J. Barker, City Attorney, and Cheryl F. Carlson, Assistant, for respondent.

Sheryl Gordon McCloud on behalf of Washington Association of Criminal Defense Lawyers and the American Civil Liberties Union, amici curiae for petitioner.

Richard A. White, Andrew N. Vollmer, Gary B. Born, Robert F. Hoyt, Roger Conner, and Robert Teir on behalf of American Alliance for Rights and Responsibilities and Together! Thurston Communities for a Drug Free Youth, amici curiae.

Mark H. Sidran, City Attorney, and Richard Greene, Assistant, on behalf of the City of Seattle, amicus curiae for respondent.

John W. Ladenburg, Prosecuting Attorney for Pierce County, and Chris Quinn-Brintnall, Senior Appellate Deputy, on behalf of Washington Association of Prosecuting Attorneys, amicus curiae for respondent.

UTTER, J.

This is an appeal from a criminal conviction for drug loitering. Petitioner John Luvene seeks review of his conviction for drug loitering under Tacoma Municipal Code (TMC) 8.72.010. He challenges the ordinance as being unconstitutionally overbroad and vague, as well as challenging the sufficiency of the evidence to convict him of the crime of drug loitering. Finally, he claims the Tacoma ordinance is unconstitutional as being preempted by RCW 69.50.608....

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