A federal judge ruled Friday that a section of Chicago’s disorderly conduct ordinance is unconsititutional, according to a release from the Chicago Committee Against War and Racism.

U.S. District Judge John Grady ruled that the ordinance “unduly restricts freedom of expression and is impermissibly vague.”  (A copy of the ruling is posted at Chicago Indymedia.)

Six counter-recruitment activists who were leafleting at the Taste of Chicago festival in 2006, along with a legal observer, were charged with disobeying a police order to disperse (see 8-03-06 Newstip for details).  The ordinance makes that a criminal offense when the order is given in the vicinity of people committing disorderly conduct that is “likely to cause substantial harm or serious inconvenience.”  Grady ruled that section “gives police officers unfettered discretion” and “invites arbitrary enforcement.”

Criminal charges against the seven were dropped after four court appearances where the arresting officers failed to show up.

Two of the seven filed the lawsuit arguing the ordinance is unconstitutional.  Additional counts remain seeking damages for first amendment retaliation, false arrest and malicious prosecution, and alleging a pattern of suppressing anti-war protest by Chicago police.

Another lawsuit challenging the ordinance by two anti-war protestors arrested in 2005 (see 3-16-07 Newstip for details) is also pending.