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McTAVISH v. SPIOTTO

No. 78 C 422.

500 F.Supp. 703 (1980)

Carmen McTAVISH and Carin Ahlin, Plaintiffs, v. Michael SPIOTTO, Individually and as Acting Superintendent of Police of the City of Chicago and William R. Quinlan, Corporation Counsel of the City of Chicago, the Agents, Employees and Assistants of the above-named Defendants, Defendants.

United States District Court, N. D. Illinois, E. D.

October 30, 1980.

Attorney(s) appearing for the Case

Patrick A. Tuite, Chicago, Ill., for plaintiffs.

William R. Quinlan, Corp. Counsel of the City of Chicago, Chicago, Ill., for defendants.

MEMORANDUM OPINION

WILL, District Judge.

Plaintiffs Carmen McTavish and Carin Ahlin seek a declaratory judgment that section 193-2 of the Chicago Municipal Code is unconstitutional, alleging that it is overbroad, vague, and has a chilling effect on their first, fourth, and fourteenth amendment rights. Section 193-2 provides:

Every common, ill-governed or disorderly house, room or other premises, kept for the encouragement of idleness, gaming, drinking...

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