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CITY OF SPOKANE v. NEFF

No. 74872-1.

93 P.3d 158 (2004)

152 Wash.2d 85

CITY OF SPOKANE, Petitioner, v. Gypsy Ann NEFF, (aka Shertz), Respondent, and Spokane County District Court, Municipal Department, The Hon. Richard B. White in his Official Capacity and the Clerk of the Court in his Official Capacity, Defendants.

Supreme Court of Washington, En Banc.

Decided July 8, 2004.

Attorney(s) appearing for the Case

Michelle Dimond Szambelan, City Attorneys Office, Spokane, WA, for Petitioner.

Janice Elaine Holmes, Brian D. Raymon, Public Defenders Ofc, Spokane, WA, for Respondent.

JOHNSON, J.

This case involves whether the Spokane antiprostitution ordinance is unconstitutionally vague because the ordinance does not define the term "known prostitute." Both the Spokane Municipal Court and the Spokane County Superior Court ruled the term "known prostitute" was unconstitutionally void for vagueness. We also decide whether the trial court properly excluded evidence under ER 404(b). We affirm.

FACTUAL AND PROCEDURAL HISTORY

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