City of Seattle v. Jones

488 P.2d 750, 79 Wash. 2d 626, 1971 Wash. LEXIS 637
CourtWashington Supreme Court
DecidedSeptember 9, 1971
Docket41817
StatusPublished
Cited by55 cases

This text of 488 P.2d 750 (City of Seattle v. Jones) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Seattle v. Jones, 488 P.2d 750, 79 Wash. 2d 626, 1971 Wash. LEXIS 637 (Wash. 1971).

Opinions

[627]*627Wright, J.

On July 22,1969, the appellant was observed by police officers engaging unidentified males in conversation on at least three different occasions between 10:15 p.m. and 10:50 p.m. The last gentleman approached by the appellant told the officers she had inquired whether he was “dating.” The appellant, upon being approached by the officers, refused to answer questions and was arrested for prostitute-loitering under Seattle City Ordinance No. 73095 as amended by ordinance No. 97316, codified under Seattle City Code as 12.49.010.

On September 19, 1969, the appellant was again observed by officers in the Pike Street area to be engaging unidentified males in conversation. One man was overheard to state, “I don’t have any money.” When the police approached, the appellant started to run.

In both instances, the arresting officer was aware that the appellant had previously been convicted of prostitution-related crimes. The ordinance in question reads as follows:

It is unlawful for anyone:

(a) To commit or offer or agree to commit an act of prostitution; or
(b) To secure or offer to secure another for the purpose of committing an act of prostitution; or
(c) To knowingly transport a person into or within the city with purpose to promote that person’s engaging in prostitution, or procuring or paying for transportation with that purpose; or
(d) To knowingly receive, offer or agree to receive another into any place or building for the purpose of performing an act of prostitution, or to knowingly permit another to remain there for any such purpose; or
(e) To direct another to any place for the purpose of committing an act of prostitution; or
(f) To knowingly in any way aid, abet or participate in an act of prostitution; or
(g) To loiter in or near any thoroughfare or place open to the public in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution. Among the circumstances which may be considered in [628]*628determining whether such purpose is manifested: that such person is a known prostitute or panderer, repeatedly beckons to, stops or attempts to stop, or engages male passers-by in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of 'arms or any other bodily gesture. No arrest shall be made for a violation of this subsection unless the arresting officer first affords such person an opportunity to explain such conduct, and no one shall be convicted of violating this subsection if it appears at trial that the explanation given was true and disclosed a lawful purpose.
For the purpose of this section, a “known prostitute or panderer” is a person who, within one year previous to the date of arrest for violation of this section, has within the knowledge of the arresting officer been convicted of violating any ordinance of the city of Seattle defining and punishing acts of soliciting, committing, or offering or agreeing to commit prostitution.
For the purpose of this chapter “prostitution” means engaging for hire in sexual activity, including homosexual or other deviate sexual relation. (Ord. 73095 § 1 as amended by Ord. 97316 § 1; December 19, 1968).

Seattle City Code 12.49.010.

Appellant raises four issues attacking the constitutionality of the ordinance. When the constitutionality of an ordinance is questioned, it will be presumed constitutional. Seattle v. Drew, 70 Wn.2d 405, 423 P.2d 522 (1967): One who challenges the constitutionality of a statute carries the burden of proving its invalidity. State v. Primeau, 70 Wn.2d 109, 422 P.2d 302 (1966).

First, the appellant urges this court to find that section (g) of the ordinance is so vague and indefinite as to be void. We reached such a result in Seattle v. Drew, supra, when considering the then Seattle “Abroad at Night Ordinance.” We therein held at page 408:

To be consistent with due process, a penal statute or ordinance must contain ascertainable standards of guilt, so that men of reasonable understanding are not required to guess at the meaning of the enactment. Winters v. New York, 333 U.S. 507, 92 L. Ed. 840, 68 Sup. Ct. 665 [629]*629(1948). A law that fails to give fair notice of what acts will be punished is violative of due process. Ibid. It is fundamental that no ordinance may unreasonably or unnecessarily interfere with a person’s freedom, whether it be to move about or to stand still. The right to be let alone is inviolate; interference with that right is to be tolerated only if it is necessary to protect the rights and the welfare of others. State v. Caez, 81 N.J. Super. 315, 195 A.2d 496 (1963); Territory of Hawaii v. Anduha, 48 F.2d 171 (9th Cir. 1931); St. Louis v. Gloner, 210 Mo. 502, 109 S.W. 30 (1908); Pinkerton v. Verberg, 78 Mich. 573, 44 N.W. 579 (1889).
An ordinance that restricts such freedom must contain standards that are reasonable and that do not permit arbitrary enforcement. If an ordinance imposes sanctions authorized by language that is doubtful, vague, or uncertain, it violates fundamental concepts of justice and due process of law. State v. Caez, supra.

The wording of section (g) of ordinance No. 97316 is clear and unambiguous. The ordinance forbids loitering “in a manner and under circumstances manifesting” an unlawful purpose, the unlawful purpose being to induce another to commit an act of prostitution. According to Ballentine’s Law Dictionary 1028 (3d ed. 1969), “purpose” is defined as “An intention.” Therefore, intent is required under ordinance No. 97316. Section (g) states:

To loiter in or near any thoroughfare or place open to the public in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such purpose is manifested: that such person is a known prostitute or panderer, repeatedly beckons to, stops or attempts to stop, or engages male passers-by in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture. No arrest shall be made for a violation of this subsection unless the arresting officer first affords such person an opportunity to explain such conduct, and no one shall be convicted of violating this subsection if it appears at trial that the explanation given was true and disclosed a lawful purpose.
[630]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Mello
684 S.E.2d 477 (Court of Appeals of North Carolina, 2009)
Silvar v. Dist. Ct.
129 P.3d 682 (Nevada Supreme Court, 2006)
City of Spokane v. Neff
152 Wash. 2d 85 (Washington Supreme Court, 2004)
State v. Mertens
64 P.3d 633 (Washington Supreme Court, 2003)
State v. Rosa
716 N.E.2d 216 (Ohio Court of Appeals, 1998)
People v. Pulliam
62 Cal. App. 4th 1430 (California Court of Appeal, 1998)
State v. Savio
924 P.2d 491 (Court of Appeals of Arizona, 1996)
Wyche v. State
619 So. 2d 231 (Supreme Court of Florida, 1993)
City of Tacoma v. Luvene
827 P.2d 1374 (Washington Supreme Court, 1992)
City of Seattle v. Slack
784 P.2d 494 (Washington Supreme Court, 1989)
City of Akron v. Holley
557 N.E.2d 861 (Akron Municipal Court, 1989)
People v. Superior Court
758 P.2d 1046 (California Supreme Court, 1988)
City of Cleveland v. Howard
532 N.E.2d 1325 (City of Cleveland Municipal Court, 1987)
State v. Myers
742 P.2d 180 (Court of Appeals of Washington, 1987)
Christian v. City of Kansas City
710 S.W.2d 11 (Missouri Court of Appeals, 1986)
Ford v. United States
498 A.2d 1135 (District of Columbia Court of Appeals, 1985)
State v. Evans
326 S.E.2d 303 (Court of Appeals of North Carolina, 1985)
State v. VJW
680 P.2d 1068 (Court of Appeals of Washington, 1984)
Johnson v. Carson
569 F. Supp. 974 (M.D. Florida, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
488 P.2d 750, 79 Wash. 2d 626, 1971 Wash. LEXIS 637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-seattle-v-jones-wash-1971.