ABSTRACT

In late-1999, the Supreme Court, in a case called Chicago v. Morales, struck down major elements of the Chicago Gang Congregation Ordinance, prohibiting “criminal street gang members” from loitering in public places. The ordinance allowed police to demand that any gathering of one or more gang members disperse if, in the judgment of the officer, they were loitering. The rationale for the ordinance, according to Chicago authorities, was to stop street gangs from intimidating other citizens by blocking or limiting access to public spaces, like sidewalks, streets, and parks.