Archie v. City of Canton
| Docket Number: | 2011-KM-00017-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-26-2012 Opinion Author: Roberts, J. Holding: Reversed and rendered |
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| Additional Case Information: |
Topic: Disorderly conduct - Violation of parade ordinance - Canton Ordinance Code section 22-67 - Constitutionality of ordinance - Due process - Fair notice of offending conduct - Punishment for violation Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Maxwell, Russell and Fair, JJ. Dissenting Author : Carlton, J. Nature of the Case: CRIMINAL - MISDEMEANOR |
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| Trial Court: |
Date of Trial Judgment: 11-30-2010 Appealed from: Madison County Circuit Court Judge: Samac Richardson Disposition: CONVICTED OF VIOLATING PARADE ORDINANCE AND DISORDERLY CONDUCT Case Number: CI-2010-189-R |
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| Party Name: | Attorney Name: | |||
| Appellant: | David Archie |
BEAR HAILEY ATWOOD
ELIZABETH UNGER CARLYLE |
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| Appellee: | City of Canton, Mississippi | GEORGE C. NICHOLS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Disorderly conduct - Violation of parade ordinance - Canton Ordinance Code section 22-67 - Constitutionality of ordinance - Due process - Fair notice of offending conduct - Punishment for violation |
| Summary of the Facts: | The Madison County Circuit Court affirmed the Madison County County Court’s decision to find David Archie guilty of disorderly conduct and violating the City of Canton’s parade ordinance. The circuit court also affirmed the county court’s decision to sentence Archie to thirty days in the county jail and a $275 fine. Archie appeals. |
| Summary of Opinion Analysis: | Canton Ordinance Code section 22-67 provides that “[i]t shall be unlawful for any person to organize or hold or participate in any parade, meeting, assembly[,] or procession of persons and[/]or vehicles on the streets or sidewalks of this city unless such activity shall have first been authorized by a written permit.” The ordinance does not define the terms “parade, meeting, assembly[,] or procession.” According to Chief Winn, the ordinance gave him complete discretion regarding whether a group of walking people qualified as a “gathering of people or [a] march.” There are serious questions regarding the constitutionality of Canton’s parade ordinance. Archie properly preserved his claims regarding the unconstitutional nature of Canton’s parade ordinance. The law should give fair notice of offending conduct, or else the law is void for vagueness. In King v. City of Clarksdale, 186 So. 2d 228, 231 (Miss. 1966), the Mississippi Supreme Court found a similar ordinance unconstitutional because it “vest[ed] unfettered discretion in the chief of police.” Furthermore, the record in this case contains no indication that Canton’s parade ordinance included a punitive aspect. The record is simply void of any attempt by the city prosecutor to introduce any municipal ordinance that established a punishment or fine for violating Canton’s parade ordinance. What is more, the ordinance prohibits even organizing a prohibited event without first obtaining a permit. Based on the questions regarding the validity of the ordinance at issue, Archie’s conviction for disorderly conduct is also questionable. One cannot be punished for failing to obey the command of an officer if that command is itself violative of the Constitution. Under the circumstances, Canton’s failure to file a brief operates as a confession of error, and the judgment is reversed and rendered. |
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