Dear Editor:
I am a retired police officer with 23 years experience, and I have been watching with great amusement the situation concerning the Carbondale City ordinance about stopping and standing on the sidewalks. I worked in a much bigger city with a university five times the size of SIU. I am not going to give you a detailed route to solve this problem for the students, but I am going to point you in the right direction. One does not have to be a rocket scientist to see that this ordinance is in direct violation of both the Constitution of Illinois and the Constitution of the United States.
A city ordinance can only be enforced as long as it is not tried in court. So Mr. Rob Taylor, who was arrested for loitering on the Strip March 4, must take the city to court. The SIU Law School does pro bono (free) litigation. Any third-year law student would be glad to help you. A little research at the Law Library (Corpus Juris Secundom) or South Eastern Recorder will provide many rulings on the very same type of ordinance, and tell why each was struck down.
If a woman dancing on stage nude comes under freedom of expression, where would one find the right to peaceful assembly? Check the First Amendment in the Bill of Rights of the Constitution. How many amendments cover assembly and expression laws? I would suggest to Mr. Taylor that he go to the Federal District Court in Benton and contact the Federal Prosecutor there. He can provide the forms to file suit in Federal Court without having a lawyer! Don't believe me? Then think about all the inmates in jails who sue numerous government agencies without attorneys. It will take almost no effort to get this ordinance declared unconstitutional, which is what the students want.
Rick Parker
Carbondale
Published on 11/17/05; 12:24:44 PM
