City of Virginia Beach v. Smith (amicus)

Constitutionality of “Disorderly Conduct” Ordinance

Constitutionality of “Disorderly Conduct” Ordinance, City of Virginia Beach v. Smith (amicus)

Following a nasty, racially charged verbal confrontation with a woman in a local grocery store, Miles Smith was charged under Virginia Beach’s disorderly conduct ordinance. The ordinance forbids “any person to disturb the peace of others by violent, tumultuous, offensive or obstreperous conduct or by threatening, challenging to fight, assaulting, fighting or striking another.” We filed an amicus brief in support of Smith’s Motion to Dismiss on December 9, 2004, arguing that the statute is unconstitutionally vague and overbroad. Oral arguments on the motion were heard on March 1, 2005.

Brief Amicus Curiae of American Civil Liberties Union of Virginia, Inc.- Circuit Court, VA Beach