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CITY OF CHICAGO v. YOUKHANA

No. 1-93-3909.

660 N.E.2d 34 (1995)

277 Ill.App.3d 101

213 Ill.Dec. 777

The CITY OF CHICAGO, Plaintiff-Appellant, v. James YOUKHANA, Fernando O. Cota, Jose A. Merced, Roosevelt McMullan, Jr., Johnny R. Newsome, Anthony D. Cordero, Julio M. Barroso, Hermie J. Khamo, Lamont J. Jordan, Lisa Gonzales, Florentine Soto, Renee Goodwill, Tasha White and Sabrina Brown, Defendants-Appellees.

Appellate Court of Illinois, First District, First Division.

December 18, 1995.

Attorney(s) appearing for the Case

Susan S. Sher, Corporation Counsel of the City of Chicago (Lawrence Rosenthal, Deputy Corporation Counsel, Benna Ruth Solomon, Chief Assistant Corporation Counsel, Stuart D. Fullerton, Assistant Corporation Counsel, of counsel), for appellant.

Harvey Grossman, The Roger Baldwin Foundation of ACLU, Inc., Chicago, and Rita A, Fry, Cook County Public Defender, Chicago (Eileen T. Pahl, Assistant Public Defender, of counsel), for appellees.

Henry Hyde, Philip Crane, Northwest Neighborhood Federation, Concerned Citizen Neighborhood Federation, Concerned Citizen Neighborhood Watch Organization—81st & 82nd, West Avalon Civic Group, and Marynook Homeowners Association, Lord Bissell & Brook, Chicago (Andrew Kochanowski, Fred L. Alvarez, Robert A. Badgley, of counsel); and Washington Legal Foundation, Washington, DC (Daniel J. Popeo, Richard A. Samp, of counsel), for amici curiae Washington Legal Foundation.

Jack O'Malley, Cook County State's Attorney, Chicago (Renee Goldfarb, Peter Fischer, Assistant State's Attorneys, of counsel), for amicus curiae County of Cook.

Justice BUCKLEY delivered the opinion of the court:

The City of Chicago (the City) prosecuted defendants for violating section 8-4-015 of the Municipal Code of Chicago, more commonly known as the "gang-loitering ordinance." (Chicago Municipal Code § 8-4-015 (1992).) Defendants moved to dismiss the City's action against them, and on September 29, 1993, the circuit court granted the defendants' motion, finding that the ordinance violated the United States and Illinois...

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