Jones v. City of Meridian

• Decision Date: 30 August 1989
• Docket Number: No. 07-KA-58534,07-KA-58534
• Citation: 552 So.2d 820
• Parties: H.W. "Sonny" JONES v. CITY OF MERIDIAN, Mississippi.
• Court: Mississippi Supreme Court

Page 820

552 So.2d 820

H.W. "Sonny" JONES v. CITY OF MERIDIAN, Mississippi.

No. 07-KA-58534.

Supreme Court of Mississippi.

Aug. 30, 1989.

Rehearing Denied Oct. 4, 1989.

Leslie Calvin Gates, Meridian, for appellant.

Robert James Bresnahan, Meridian, Wayne M. Snuggs, Asst. Atty. Gen., Mike C. Moore, Atty. Gen., Jackson, for appellee.

Before DAN M. LEE, P.J., and ROBERTSON and PRATHER, JJ.

PRATHER, Justice, for the Court:

I.

The primary issue in this appeal concerns the constitutionality of a Mississippi "breach of the peace" statute--i.e., whether the statute is unconstitutional on its face, both for overbreadth and vagueness, as well as in application. H.W. "Sonny" Jones, Jr. [hereinafter Jones], was convicted in the Meridian Municipal Court for "creat[ing] a disturbance, or a breach of the peace," in a "public place of business." Miss.Code Ann. Sec. 97-35-13 (1972). Jones was fined $50.00 and assessed court costs; the fine was suspended. Jones appealed the decision to the Lauderdale County Court, for a trial de novo before a jury. Jones was convicted, fined $250.00, and assessed court costs. Jones appealed the decision to the Lauderdale Circuit Court which affirmed the county court decision. Jones now perfects his appeal to this Court raising constitutional questions.

A.

Jones presents the following statement of issues:

(1) Mississippi Code Annotated Sec. 97-35-13 [hereinafter Statute], which Jones was found guilty of violating:

(a) is unconstitutionally overbroad in violation of the First Amendment of the United States Constitution;

(b) is unconstitutionally vague and, therefore, violates the due process clause of the Fourteenth Amendment of the United States Constitution; and

(c) was unconstitutionally applied.

(2) The jury was not properly nor adequately instructed.

(3) The Special County Court Judge erred in enhancing the punishment imposed by the Municipal Court Judge.

B.

The evidence presented by the City of Meridian derives primarily from the testimony of four eyewitnesses: Meridian Police Officer Covert, Lauderdale County Juvenile Center Director Roy Dabbs, Youth Services Counselor Cindy Edwards, and part-time Juvenile Center employee Gloris Cooper. On November 12, 1985, Meridian Police Officer, Larry Covert, went to the Lauderdale County Juvenile Center [hereinafter Center] to serve a warrant on Willie J. Dobbins. Covert located Dobbins inside the Center's lobby, after which the two stepped outdoors to discuss the matter. Dobbins explained to Covert he was at the Center because he was needed as a witness at his sister's shelter hearing in Juvenile Court.

Two or three minutes into the discussion, Covert was approached by H.W. "Sonny" Jones, an attorney. In a "very intimidating manner," Jones "grabbed" the warrant from Covert's possession and simultaneously asked: "What have you got a warrant on him for?" As Covert replied, Jones read the warrant. In a "loud" and "demanding" tone, Jones informed Covert that he "was not going to arrest his 'client'--that he (Jones) needed Dobbins to testify for another client (Dobbins' sister)." Jones then left to make a photocopy of the warrant.

Meanwhile, Covert and Dobbins returned to the Center's lobby. A short time later, Jones returned and loudly reiterated to Covert that he was not going to arrest Dobbins and, besides, Covert was "out of [his] jurisdiction." Jones was "very irate" and "began pacing back and forth in front of [Covert]." On several occasions, Jones "got up into [Covert's] face [within] five to six inches." When Jones was not pointing his finger at Covert's face, Jones was "throwing his arms around in a wild manner." On one occasion, Jones slammed a book onto a nearby table.

Several times during the exchange, Covert requested that Jones "quiet and calm down and we could settle this matter"; Covert "attempted to explain to [Jones] that he was in no rush" and was "willing to wait" until after Dobbins testified for his sister. Jones apparently did not hear Covert's explanation and just kept repeating himself, saying that "he didn't have to do anything Covert told him; that [Covert] was not serving a warrant on ... Dobbins; that if [he] did, he would subpoena ... Dobbins from the City Police Station to come back to court." At one point during the exchange, Jones commented in a "loud and boisterous" tone: "[Y]ou police officers think you can come out here and just do what you want and tell anybody what you want and I am not gonna stand here and let you tell me what to do."

Finally, Covert ordered Jones to "quiet or settle down or [he] would have to arrest him for disorderly conduct and that he had already interfered with ... [his duty] to serve a warrant." Jones, however, said he would not quiet down. Instead, Jones turned and "headed toward the police car" as he dared Covert to "take me, take me to jail, come on take me, take me--we'll see what happens to you [Covert]."

Witnesses described Jones during this "ten to fifteen minute" period as "out of control" and as "someone who wanted to be arrested"; his behavior was "shocking" and it "interfered" with business at the "Center." Covert's disposition was the converse; he was "even-tempered" and "maintained his cool."

Jones concedes that the conversation between Covert and him was "heated" and that, at one point, he "turned toward the door to walk to the patrol car and acknowledged that he was ready to be arrested." But Jones claims that Covert had an "attitude" problem and was not responsive to his questions about the warrant. Jones feels he spoke to Covert in a "conciliatory manner" and did not intend to "prod him." Jones testified:

[I]t bothered me that he had approached me in such a threatening intimidating manner, getting right up in my face, almost nose to nose, I mean, and I stepped back away from him at that time and--and said, now, I--I don't know why you're trying to physically intimidate me, but that's not gonna work. I have a right to be here and I'm not gonna be physically intimidated. He stepped back up to me and then again in that same under his breath strained manner advised me that I was not anyone special, that he would throw my ass in jail just like anyone else and that if I didn't shut up and go on, he would throw me in jail for disturbing the peace.

Jones further testified:

I have a right to speak and as an attorney who offers himself to the public to represent people and protect their rights and stand up for their rights. I felt like I had a duty to stand up for my rights, and I was not going to at that time let a police officer with no reason, no good cause, to order me to shut up, to attempt to physically intimidate me and attempt to silence me for no reason.... [H]e wanted me to be quiet and don't say anything else and ... I was concerned about the situation as it existed[.] I was determine (sic) to establish that before my client and before that audience or anyone that was watching, he was not going to just say, shut up or I'm gonna arrest you, and shut me up and--and be--be abused by a police officer.

Dobbins, Jones' only other witness, remembered little of the conversation between his attorney and Covert. Dobbins recalled that "both of 'em was arguing[;] neither one of 'em [was] arguing louder than the other'n or nothing."

Jones was arrested and subsequently convicted for violation of Miss.Code Ann. Sec. 97-35-13 (1972), entitled "Disturbance in public place":

Any person who shall enter any public place of business of any kind whatsoever, or upon the premises of such public place of business, or any other public place whatsoever, in the State of Mississippi, and while therein or thereon shall create a disturbance, or a breach of the peace, in any way whatsoever, including, but not restricted to, loud and offensive talk, the making of threats or attempting to intimidate, or any other conduct which causes a disturbance or a breach of the peace or threatened breach of the peace, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than five hundred dollars ($500.00) or imprisoned in jail not more than six (6) months, or both such fine and imprisonment.

II.

The following constitutionally-related issues will be addressed in this section: overbreadth, vagueness, and application.

A.

Jones posits that the Statute is allegedly overbroad because it "regulat[es] and proscrib[es] ... constitutionally-protected First Amendment [r]ights, including the right to make an extemporaneous, on-the-scene protest to a policeman's demeanor, conduct and authority." In addition, Jones contends that the Statute is "not tied to an expressed interest of the state nor is its application limited to the extent necessary to serve such an interest." Case law which may narrow the Statute's breadth is nonexistent. Therefore, the potential for unconstitutional application is substantial.

Under the "overbreadth doctrine," a statute may be invalidated if it is fairly capable of being utilized to regulate, burden, or punish constitutionally-protected speech or conduct. Thornhill v. Alabama, 310 U.S. 88, 97, 60 S.Ct. 736, 741-42, 84 L.Ed. 1093, 1099-1100 (1940). The United States Supreme Court has provided further guidance:

Particularly where conduct and not mere speech is involved, the facial overbreadth of a statute must be both real and substantial, judged in relation to the statute's plainly legitimate sweep, to justify holding it to be void on its face as violative of the First Amendment's freedom of expression.

Broadrick v. Oklahoma, 413 U.S. 601, 93 S.Ct. 2908, 37 L.Ed.2d 830 (1973) (emphasis added).

The majority in Broadrick opined that "ordinary criminal laws," which might be used to curtail constitutionally-protected speech or conduct, presented particularly strong reasons for not applying the overbreadth doctrine. Notably, the majority singled out "breach of peace" statutes as an example of this premise; prosecutions under these statutes...