City of Rockford v. Grayned, No. 42895

CourtSupreme Court of Illinois
Writing for the CourtWARD; SCHAEFER
Citation46 Ill.2d 492,263 N.E.2d 866
Docket NumberNo. 42895
Decision Date29 September 1970
PartiesThe CITY OF ROCKFORD, Appellee, v. Richard GRAYNED, Appellant.

Page 866

263 N.E.2d 866
46 Ill.2d 492
The CITY OF ROCKFORD, Appellee,
v.
Richard GRAYNED, Appellant.
No. 42895.
Supreme Court of Illinois.
Sept. 29, 1970.
Rehearing Denied Dec. 3, 1970.

[46 Ill.2d 493]

Page 867

Sophia H. Hall, and McCoy, Ming & Black, Chicago, for appellant.

WARD, Justice.

On April 25, 1969, a demonstration was held in front of a high school in the city of Rickford. Richard Grayned, the defendant here, and 40 other demonstrators were arrested. A jury in the circuit court of Winnebago County found the defendant guilty of having violated, in April, 1969, sections 19.2(a) and 18.1(i) of the Code of the City of Rockford and he was fined $25 for each violation. A challenge to the constitutionality of these ordinances has been raised which gives this court jurisdiction on direct appeal.

Section 19.2(a) provides, insofar as is pertinent: 'That no person, while on public or private grounds adjacent to any building in which a school or any class thereof is in session, shall willfully make or assist in the making of any noise or diversion which disturbs or tends to disturb the peace or good order of such school session or class thereof * * *.'

The defendant first argues that this ordinance is unconstitutional on its face because its 'terms are so vague that they fail to give the notice (of what conduct is prohibited) required by the Due Process Clause of the Fourteenth Amendment, and are so broad as to condemn the exercise of First Amendment freedoms.' He complains [46 Ill.2d 494] relatedly that the ordinance vests unlimited discretion in law enforcement officials to determine the prohibited conduct. We have recently considered and sustained the constitutionally of ordinances and statutes which have been challenged on grounds of being vague and overly broad, including the grounds, which are complained of here, that proscribed conduct was not sufficiently specified and that police were given too broad a discretion in determining whether conduct was proscribed. (See City of Chicago v. Fort, 46 Ill.2d 12, 262 N.E.2d 473; City of Chicago v. Meyer, 44 Ill.2d 1, 253 N.E.2d 400; City of Chicago v. Lawrence, 42 Ill.2d 461, 248 N.E.2d 71; People v. Raby, 40 Ill.2d 392, 240 N.E.2d 595.) Much of what we said there has application here and there is no necessity of repetitious or extended discussion. We do observe that while the defendant charges that terms appearing in the ordinance such as 'noise' and 'diversion' lack constitutional precision and are too indefinite, terms such as 'alarm,' 'disturb,' 'interfere with,' and 'hinder' have been determined by us to comply with the constitutional requirements of specificity. (City of Chicago v. Lawrence, 42 Ill.2d 461, 248 N.E.2d 71; People v. Raby, 40 Ill.2d 392, 240 N.E.2d 595.) The terms here are not constitutionally objectionable.

It cannot be doubted that the State has a legitimate interest in preserving the peace and good order of its school system. (Cf. Brown v. Louisiana, 383 U.S. 131, 143, 86 S.Ct. 719, 15 L.Ed.2d 637, 646; Cox v. Louisiana, 379 U.S. 559, 574, 85 S.Ct. 476, 13 L.Ed.2d 487, 498.) Whiel the ordinance may be susceptible to unconstitutional application, its constitutionality does nor depend on conjectured misapplication. (People v. Raby, 40 Ill.2d 392, 397, 240 N.E.2d 595; Landry v. Daley (N.D.Ill.1968), 280 F.Supp. 938, 960.) Although the

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argument that the ordinance has been unconstitutionally applied is not advanced in this case, our stated position is that we shall deal with extreme circumstances which might cause an unconstitutional application of an ordinance 'if and when they arise.' (City of Chicago v. Fort, 46 Ill.2d 12, 262 N.E.2d 473.) Our conclusion...

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12 practice notes
  • Grayned v. City of Rockford 8212 5106, No. 70
    • United States
    • United States Supreme Court
    • June 26, 1972
    ...v. Des Moines Independent Community School District, 393 U.S. 503, 513, 89 S.Ct. 733, 740, 21 L.Ed.2d 731. Pp. 107—121. 46 Ill.2d 486, 263 N.E.2d 866, affirmed in part and reversed in part. Sophia H. Hall, Chicago, for appellant Richard Grayned. William E. Collins, Rockford, Ill., for appel......
  • Police Department of City of Chicago v. Mosley 8212 87, No. 70
    • United States
    • United States Supreme Court
    • June 26, 1972
    ...Rockford, 408 U.S. 104, 92 S.Ct. 2294, 33 L.Ed.2d 222, in which an almost identical ordinance was upheld by the Illinois Supreme Court, 46 Ill.2d 492, 496, 263 N.E.2d 866, 868 (1970). We affirm the judgment of the Seventh Circuit, although we decide this case on the ground not reached by th......
  • Hess v. State, No. 1271S372
    • United States
    • Indiana Supreme Court of Indiana
    • May 22, 1973
    ...conduct was not sufficiently specified and that police were given too broad a discretion in determining whether conduct was proscribed.' 46 Ill.2d 492, 494, 263 N.E.2d 866 (1970). Although it referred to other, similar statutes it had recently construed and upheld, the court below did not e......
  • People v. McCabe, No. 42674
    • United States
    • Supreme Court of Illinois
    • October 15, 1971
    ...is valid and must impose the burden of showing invalidity on the party challenging the classification. (City of Rockford v. Grayned, 46 Ill.2d 492, 263 N.E.2d 866; Thillens, Inc. v. Morey, 11 Ill.2d 579, 591, 144 N.E.2d 735; People ex rel. Vermilion County Conservation District v. Lenover, ......
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12 cases
  • Police Department of City of Chicago v. Mosley 8212 87, No. 70
    • United States
    • United States Supreme Court
    • June 26, 1972
    ...Rockford, 408 U.S. 104, 92 S.Ct. 2294, 33 L.Ed.2d 222, in which an almost identical ordinance was upheld by the Illinois Supreme Court, 46 Ill.2d 492, 496, 263 N.E.2d 866, 868 (1970). We affirm the judgment of the Seventh Circuit, although we decide this case on the ground not reached by th......
  • Grayned v. City of Rockford 8212 5106, No. 70
    • United States
    • United States Supreme Court
    • June 26, 1972
    ...v. Des Moines Independent Community School District, 393 U.S. 503, 513, 89 S.Ct. 733, 740, 21 L.Ed.2d 731. Pp. 107—121. 46 Ill.2d 486, 263 N.E.2d 866, affirmed in part and reversed in part. Sophia H. Hall, Chicago, for appellant Richard Grayned. William E. Collins, Rockford, Ill., for appel......
  • Hess v. State, No. 1271S372
    • United States
    • Indiana Supreme Court of Indiana
    • May 22, 1973
    ...conduct was not sufficiently specified and that police were given too broad a discretion in determining whether conduct was proscribed.' 46 Ill.2d 492, 494, 263 N.E.2d 866 (1970). Although it referred to other, similar statutes it had recently construed and upheld, the court below did not e......
  • People v. McCabe, No. 42674
    • United States
    • Supreme Court of Illinois
    • October 15, 1971
    ...is valid and must impose the burden of showing invalidity on the party challenging the classification. (City of Rockford v. Grayned, 46 Ill.2d 492, 263 N.E.2d 866; Thillens, Inc. v. Morey, 11 Ill.2d 579, 591, 144 N.E.2d 735; People ex rel. Vermilion County Conservation District v. Lenover, ......
  • Request a trial to view additional results

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