Court Strikes Down Cincinnati Ban 1/28/00

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Jane Tseng, [email protected]

Last Thursday (1/20/00), US District Court Judge Susan Dlott struck down a Cincinnati law that banned people accused or convicted of drug-related offenses from a downtown neighborhood. In her decision, Dlott said the law violates constitutional rights to freedom of association, freedom of movement, and freedom from double jeopardy. Cincinnati Municipal Code Chapter 755, passed by the Cincinnati City Council in June 1996, banned those arrested for drug-related offenses from traveling through public streets and sidewalks in the Over-the-Rhine neighborhood for 90 days following the arrest. Upon conviction, the ban extended to a full year. People caught violating the ban were subject to immediate arrest for criminal trespass, an offense that carried a maximum fine of $250 and 90 days in jail.

The case stemmed from a federal lawsuit filed by American Civil Liberties Union of Ohio Foundation lawyers on behalf of two Cincinnati residents subjected to the ban in June, 1998.

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Issue #123, 1/28/00 Gore Drug Use Question Leads to More Questions | San Francisco Approves Plan to Issue ID Cards to Medical Cannabis Users -- Buyer's Club Seeks Business License | Britain: Shelter Workers Sentenced to Prison for Refusing to Inform on Clients | UK Police Report: Legalizing Drugs is Obvious Choice | Michigan Initiative Effort to Rely on Volunteers, Enthusiasm | Court Strikes Down Cincinnati Ban | Regaining the Vote: Sentencing Project Report Details State and Federal Activities | AlertS: Legislative Action in Maryland and Virginia | Anderson and Boje Cases Seeking Support | Editorial: A Not So Nutty Professor
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