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CLEVELAND v. McCARDLE

No. 2013-0096.

139 Ohio St.3d 414 (2014)

2014-Ohio-2140

THE CITY OF CLEVELAND, APPELLANT, v. McCARDLE ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 28, 2014.

Attorney(s) appearing for the Case

Barbara Langhenry , City of Cleveland Director of Law, Victor Perez , Chief Prosecutor, and Connor P. Nathanson , Assistant City Prosecutor, for appellant.

Berkman, Gordon, Murray & DeVan, J. Michael Murray , and Steven D. Shafron , for appellees.

Michael DeWine , Attorney General, Eric E. Murphy , Solicitor General, Michael J. Hendershot , Chief Deputy Solicitor, and Samuel C. Peterson , Deputy Solicitor, urging reversal for amicus curiae State of Ohio.

Ice Miller, L.L.P., Philip Hartmann , Rebecca K. Schaltenbrand , and Stephen J. Smith ; and Ohio Municipal League, John Gotherman , urging reversal for amicus curiae Ohio Municipal League.

LANZINGER, J.

{¶ 1} We accepted a discretionary appeal brought by the city of Cleveland seeking to uphold Cleveland Codified Ordinance 559.541 as constitutional. The ordinance, which prevents any person from remaining in the Public Square area of downtown Cleveland between 10:00 p.m. and 5:00 a.m. without a permit issued by the Cleveland Department of Parks, Recreation, and Properties, was challenged as an unconstitutional infringement...

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