BERGER, J.
This matter is before the court on a motion to dismiss filed by the defendant herein, through his attorney, on the grounds that the defendant has been charged with violating an unconstitutional law, to wit: Section 612.12 of the Codified Ordinances of the city of Kettering, Ohio. This section of the Kettering ordinances is entitled "Consumption In Parks" and reads as follows:
"(a) No person shall consume or possess any beer or intoxicating liquor...
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