Loitering Ordinance

Youth and Young Adults for Rush:

Anti Gang Loitering Ordinance

In 1992, Daley passed the Anti-gang Loitering Ordinance. The Ordinance states that when individuals are gathered in a public place, and the police believe the individuals are gathered for no apparent purpose, the police can order them to disperse. If the individuals do not disperse, the police can arrest them. The Ordinance has primarily been enforced in African-American and Latino communities, where 45,000 people have been asked to disperse and 43,000 have been arrested.

Shortly after enactment, young people challenged the constitutionality of the Ordinance. The Circuit Court of Cook County, the State Appellate Court and the Illinois Supreme Court all ruled the Ordinance unconstitutional. According to the courts, the Ordinance granted the police unfettered power to decide what was and was not an apparent purpose to gather. The courts also ruled that the Ordinance infringed on First Amendment rights of association, assembly and expression. Additionally, the courts concluded that people could never know if they were breaking the law, because the law fails to give individuals notice as to what conduct is illegal. Despite Circuit Court rulings and unanimous rulings by the State Appellate Court and Illinois Supreme Court that the Ordinance is unconstitutional, Daley still seeks to enforce a bad law, and continues to target youth.

In 1998, the city appealed the case to the United States Supreme Court.
Instead of using city resources to develop programs for youth and young people, the city has used resources to defend an unconstitutional ordinance.
The Administration believes the unconstitutional ordinance is an effective method of controlling young people.
The Ordinance seeks to increase fear of police in young people.
The unconstitutional ordinance is an easy way to begin a young arrest record.
The administration has not placed youth and young people as a priority on its agenda.