State v. Todd

468 N.W.2d 462, 1991 Iowa Sup. LEXIS 73, 1991 WL 58363
CourtSupreme Court of Iowa
DecidedApril 17, 1991
Docket89-1475
StatusPublished
Cited by42 cases

This text of 468 N.W.2d 462 (State v. Todd) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Todd, 468 N.W.2d 462, 1991 Iowa Sup. LEXIS 73, 1991 WL 58363 (iowa 1991).

Opinion

LARSON, Justice.

Greggory Todd, who was convicted of cockfighting under Iowa Code section 725.-11 (1987), challenges the constitutionality of the statute, the search of his property, seizure of cash from people on the premises, and the court’s refusal to dismiss the case under the speedy trial provisions of Iowa Rule of Criminal Procedure 27(2)(b). We affirm.

I. The Vagueness and Overbreadth Arguments.

Todd was convicted under Iowa Code section 725.11, which provides:

If any person keep or use, or in any way be connected with, or be interested in the management of, or receive money for the admission of any person to, any place kept or used for the purpose of fighting or baiting any bull, bear, dog, cock, or other creature, or engage in, aid, abet, encourage, or assist in any bull, bear, dog, or cock fight, or a fight between any other creatures, the person shall be guilty of a serious misdemeanor.

(Emphasis added.) He challenges this section on both vagueness and overbreadth grounds under both the United States and Iowa Constitutions. There is, of course, a *465 strong presumption that a challenged statute is constitutional, Knepper v. Monticello State Bank, 450 N.W.2d 833, 838 (Iowa 1990); Sloman v. Board of Pharmacy Examiners, 440 N.W.2d 609, 611 (Iowa 1989); State v. Duncan, 414 N.W.2d 91, 95 (Iowa 1987), and a challenger must demonstrate its unconstitutionality beyond a reasonable doubt. Duncan, 414 N.W.2d at 95; State v. Wagner, 410 N.W.2d 207, 214 (Iowa 1987).

A. The vagueness issue. Vagueness arguments arise from the due process provisions of the fifth and fourteenth amendments to the United States Constitution and article I, section 9 of the Iowa Constitution. The root of the vagueness doctrine is a rough idea of fairness. Colten v. Kentucky, 407 U.S. 104, 110, 92 S.Ct. 1953, 1957, 32 L.Ed.2d 584, 590 (1972); Sloman, 440 N.W.2d at 611.

It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined. Vague laws offend several important values. First, because we assume that man is free to steer between lawful and unlawful conduct, we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly. Vague laws may trap the innocent by not providing fair warning. Second, if arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them. A vague law impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application.

Grayned v. City of Rockford, 408 U.S. 104, 108-09, 92 S.Ct. 2294, 2298-99, 33 L.Ed.2d 222, 227-28 (1972) (footnotes omitted).

To withstand a constitutional attack, a penal statute must satisfy two standards: (1) it must give a person of ordinary intelligence fair notice of what is prohibited, and (2) it must provide an explicit standard for those who apply it. Duncan, 414 N.W.2d at 96; Wagner, 410 N.W.2d at 214.

Todd argues that the language of section 725.11 prohibiting persons from being “connected with, or ... interested in” such contests is so vague as to be unenforceable. However, one who engages in conduct clearly proscribed by the statute may not successfully challenge it for vagueness. Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 495, 102 S.Ct. 1186, 1191, 71 L.Ed.2d 362, 369 (1982); Duncan, 414 N.W.2d at 96. The State argues that Todd falls squarely under this rule. The cockfight took place on his property, and Todd was personally present.

Todd was not charged with violating the first half of section 725.11, “being connected with, or ... interested in the management of” the premises; he was charged with actually “engaging] or assisting] in a cockfight” under the last half of section 725.11. The issue therefore is whether the latter half of section 725.11, prohibiting active participation in such contests, is unconstitutionally vague. See State v. McKee, 392 N.W.2d 493, 494 (Iowa 1986) (court severed portion of statute challenged for vagueness).

We believe that the language of section 725.11 which makes it a crime to “engage in, aid, abet, encourage, or assist” in any cockfight is sufficiently clear to give a person of ordinary intelligence fair notice of what is prohibited and provide the specific standards required for those who enforce it, Duncan, 414 N.W.2d at 96; Wagner, 410 N.W.2d at 214, and is not unconstitutionally vague under either the United States or Iowa Constitutions.

B. The overbreadth issue. Todd also contends that section 725.11 is over-broad. A statute is overbroad, for constitutional purposes, if it not only forbids conduct constitutionally subject to proscription, but also sweeps within its ambit those actions ordinarily deemed to be constitutionally protected. City of Des Moines v. Lavigne, 257 N.W.2d 485, 487 (Iowa 1977); State v. Farrell, 209 N.W.2d 103, 108 (Iowa 1973). Todd argues that section 725.11 is overbroad because it impedes the *466 right of free association. This argument, like the vagueness argument, is based on Todd’s claim that he was prosecuted for merely being present at the cockfight. As already noted, however, he was charged with more; he was charged with “en-gag[ing] in, or assistpng]” in the fight.

An overbroad governmental regulation may be invalid on first amendment grounds even when the litigant’s activity is not itself constitutionally protected. Board of Airport Comm’rs v. Jews for Jesus, Inc., 482 U.S. 569, 574, 107 S.Ct. 2568, 2571-72, 96 L.Ed.2d 500, 507 (1987); Brockett v. Spokane Arcades, Inc., 472 U.S. 491, 503, 105 S.Ct. 2794, 2801, 86 L.Ed.2d 394, 405 (1985).

However, “the mere fact that one can conceive of some impermissible applications of a statute is not sufficient to render it susceptible to an overbreadth challenge.” Members of the City Council v. Taxpayers for Vincent, 466 U.S. 789, 800, 104 S.Ct. 2118, 2126, 80 L.Ed.2d 772, 783 (1984).

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Cite This Page — Counsel Stack

Bluebook (online)
468 N.W.2d 462, 1991 Iowa Sup. LEXIS 73, 1991 WL 58363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-todd-iowa-1991.