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LYTLE v. DOYLE

Nos. 02-1056, 02-1076.

326 F.3d 463 (2003)

David LYTLE; Jeanette Lytle; Joan Maguire, Plaintiffs-Appellees, v. Jack DOYLE, in his official capacity as Norfolk Commonwealth Attorney; Commissioner, of Transportation of the Commonwealth of Virginia, Defendants-Appellants, and City of Norfolk, Virginia, Defendant. David Lytle; Jeanette Lytle; Joan Maguire, Plaintiffs-Appellants, v. City of Norfolk, Virginia, Defendant-Appellee, and Jack Doyle, in his official capacity as Norfolk Commonwealth Attorney; Commissioner, of Transportation of the Commonwealth of Virginia, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: April 14, 2003.

Attorney(s) appearing for the Case

ARGUED: Maureen Riley Matsen, Office of the Attorney General of Virginia, Richmond, Virginia; Michael Joseph DePrimo, American Family Association Center for Law and Policy, Tupelo, Mississippi, for Appellants. Harold Phillip Juren, Chief Deputy City Attorney, City Attorney's Office, Norfolk, Virginia, for Appellees. ON BRIEF: Jerry W. Kilgore, Attorney General of Virginia, William H. Hurd, State Solicitor, Judith Williams Jagdmann, Deputy Attorney General, William E. Thro, Special Assistant Attorney General, Kevin O. Barnard, Assistant Attorney General, Richmond, Virginia; Brian Fahling, Stephen Melvin Crampton, American Family Association Center for Law and Policy, Tupelo, Mississippi, for Appellants. Jack E. Cloud, Deputy City Attorney, City Attorney's Office, Norfolk, Virginia, for Appellees.

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge MICHAEL and Judge KING joined.

OPINION

WILKINSON, Circuit Judge:

Plaintiffs David Lytle, Jeanette Lytle, and Joan Maguire challenge the constitutionality of Virginia Code § 46.2-930 which prohibits loitering on certain Virginia bridges. Officers from the Norfolk Police Department, relying on this statute, threatened the plaintiffs with arrest for participating in...

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