CITY OF CHICAGO,
Petitioner,
v.
JESUS MORALES, ET AL.,
Respondents.
ON WRIT OF CERTIORARI TO THE SUPREME COURT OF ILLINOIS
BRIEF OF NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY, NATIONAL
ALLIANCE TO END HOMELESSNESS, NATIONAL COALITION FOR THE HOMELESS, CHICAGO COALITION FOR
THE HOMELESS AND NATIONAL NETWORK FOR YOUTH AS AMICI CURIAE SUPPORTING RESPONDENTS
Robert M. Bruskin*
Alexander B. Berger
HOWREY & SIMON
1299 Pennsylvania Avenue, N.W.
Washington, D.C. 20004
(202) 783-0800
Counsel for Amicus Curiae
National Law Center on
Homelessness & Poverty
* Counsel of Record |
Maria Foscarinis
Kelly A. Cunningham
NATIONAL LAW CENTER ON
HOMELESSNESS & POVERTY
918 F Street, N.W., Suite 412
Washington, D.C. 20004
(202) 638-2535
Counsel for Amici Curiae |
QUESTIONS PRESENTED
1. Whether a loitering ordinance is unconstitutionally vague when it prohibits two or
more persons from remaining in a public place with no apparent purpose after a police
officer, acting under a reasonable belief that one of the persons is a gang member, asks
them to disperse.
2. Whether a loitering ordinance prohibiting two or more persons from remaining in a
public place with no apparent purpose, impermissibly punishes involuntary conduct and
arbitrarily denies personal liberties of freedom of movement, in violation of substantive
due process.
In the Supreme Court of the United States
October Term, 1997
No. 97-1121
CITY OF CHICAGO,
Petitioner,
v.
JESUS MORALES, ET AL.,
Respondents.
ON WRIT OF CERTIORARI TO THE SUPREME COURT OF ILLINOIS
BRIEF OF NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY, NATIONAL
ALLIANCE TO END HOMELESSNESS, NATIONAL COALITION FOR THE HOMELESS, CHICAGO COALITION FOR
THE HOMELESS AND NATIONAL NETWORK FOR YOUTH AS AMICI CURIAE SUPPORTING RESPONDENTS
Pursuant to Rule 37.3 of this Court, amici curiae
National Law Center on Homelessness & Poverty ("National Law Center"),
National Alliance to End Homelessness ("NAEH"), National Coalition for the
Homeless ("NCH"), Chicago Coalition for the Homeless ("CCH") and
National Network for Youth ("NNY") respectfully submit this brief requesting
that the Court affirm the decision of the Supreme Court of Illinois holding that Chicago's
anti-gang loitering ordinance, Municipal Code of Chicago § 8-4-015, is unconstitutional.
INTEREST OF AMICI CURIAE 1
The National Law Center is a not-for-profit organization
established in 1989 to address issues relating to homelessness and poverty at the national
level. Working with groups across the country, the National Law Center seeks to protect
constitutional and other legal rights of poor and homeless people. The National Law Center
has extensive experience with federal constitutional issues affecting homeless persons and
regularly participates in legislation, public education and litigation, including as
amicus curiae, to address such issues. These issues arise in many forms including: laws
and policies aimed specifically at penalizing homeless people; generally applicable laws
discriminatorily enforced against homeless people; and laws not specifically aimed at
homeless people that are facially unconstitutional and pose a significant threat to
homeless people, as in this case. The National Law Center's purpose here as Amicus Curiae
is to protect the thousands of involuntarily homeless Chicagoans from the unconstitutional
deprivation of their liberties.
The National Alliance to End Homelessness ("NAEH") is
a non-profit membership organization working with the public, private and non-profit
sectors to solve the problem of homelessness. NAEH's mission is to address the long-term
solutions to homelessness. NAEH accomplishes this by working to direct national policy on
homelessness and to increase the capacity of local organizations to deliver effective
assistance.
The National Coalition for the Homeless ("NCH"),
organized in 1982, is a non-profit organization and membership network of state and local
coalitions committed to the goal of ending homelessness. Toward this end, NCH engages in
public education, policy advocacy and grassroots organizing. NCH works to meet the urgent
needs and support the civil rights of people who either are homeless or at risk of
becoming homeless.
The Chicago Coalition for the Homeless ("CCH") is a
not-for-profit corporation located in Chicago, Illinois, which researches the causes of
homelessness and advocates for solutions to the problem of homelessness. CCH is comprised
of numerous organizations that serve and advocate for the needs of homeless individuals
and others concerned about the needs of homeless people. CCH includes a law project which
has substantial experience in protecting and advancing the rights of homeless persons in
Chicago. Much of its work is targeted on assisting homeless families and their children,
as well as older homeless youths. CCH, acting as amicus curiae here, shares the goals of
protecting the thousands of involuntarily homeless people from unconstitutional police
practices at issue in this case.
The National Network for Youth ("NNY"), founded in
1975, is a privately supported membership-based organization, which serves as an advocate
for youth, their families and communities. With over 500 direct members and 1,500
constituents involved in its regional and state networks, NNY monitors key legislation and
federal spending, engages in public policy debate, educates the public and strengthens the
field of youth work. NNY is dedicated to ensuring that young people can be safe and grow
up to lead healthy and productive lives.
1 This brief is filed with the written consent of all
parties. The written consents are on file with the Clerk of the Court. This brief was not
authored in whole or in part by counsel for either party and no person or entity, other
than the amici curiae, their members, or their counsel, made any monetary contribution to
the preparation or submission of this brief. Sup. Ct. R. 37.6. |
