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Related Cases

City of Chicago v. Haywood, 2018 IL App (1st) 180003, 123 N.E.3d 547, 428 Ill.Dec. 818

Facts

Defendant Tyewon Haywood was arrested twice in 2017 for selling Chicago Cubs tickets within 2000 feet of Wrigley Field, violating section 10-8-505 of the Chicago Municipal Code. During the trial, the City presented evidence of Haywood's attempts to sell tickets, including testimony from police officers who witnessed the sales. The circuit court found overwhelming evidence of guilt but declared the ordinance unconstitutional, arguing it could criminalize innocent conduct.

Defendant Tyewon Haywood was arrested twice in 2017 for selling or offering to sell Chicago Cubs tickets within 2000 feet of Wrigley Field in violation of section 10-8-505 of the Chicago Municipal Code.

Issue

Whether section 10-8-505 of the Municipal Code violates the First Amendment's overbreadth doctrine on its face.

The question before us in this appeal is whether section 10-8-505 of the Municipal Code violates the first amendment's overbreadth doctrine on its face.

Rule

A statute is facially invalid only if no set of circumstances exist under which it would be valid, and a law may be invalidated as overbroad only if a substantial number of its applications to protected speech are unconstitutional.

A facial challenge to the constitutionality of a legislative enactment is the most difficult challenge to successfully raise because an enactment is typically considered facially invalid only if no set of circumstances exist under which it would be valid.

Analysis

The appellate court disagreed with the circuit court's finding of overbreadth, stating that the ordinance regulates conduct, not speech. The court applied rational basis review, determining that the ordinance was rationally related to the city's interests in public safety and welfare, thus upholding its constitutionality.

Here, the circuit court found that section 10-8-505 was overbroad. We disagree.

Conclusion

The appellate court reversed the circuit court's decision and remanded the case for further proceedings, affirming the constitutionality of the ordinance.

For the foregoing reasons, the judgment of the circuit court of Cook County is reversed and the cause is remanded for proceedings consistent with this opinion.

Who won?

City of Chicago prevailed in the case because the appellate court found the ordinance to be constitutional and rationally related to public safety and welfare.

The City contends that the ordinance is rationally related to its interests in promoting public safety and welfare.

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