Law Is Unconstitutionally Vague

An excellent article appears in today's Chicago Tribune at http://www.chicagotribune.com/news/opinion/chi-disorderly-conduct-thinkjul20,0,3803865.story

Written by Chicago attorney Gabriel Fuentes, of Jenner & Block, the article discusses three recent cases where individuals were charged with Disorderly Conduct. A Carpentersville case was dismissed; a federal appeals court ruled a Bloomingdale arrest as unconstitutional.

The third case, that of Greg Kachka, continues its court schedule in Waukegan tomorrow morning.

Read the Tribune article. Better yet, print and save it. You never know when you might need it. I met Gabe Fuentes when he was representing the Carpentersville homeowner who allegedly told her neighbors' kids to stop climbing in a tree like monkeys. It never made the press, but that's not even what happened! Gabe is first class!

Greg Kachka, you may remember, is the Marine who wore a t-shirt to a Village of Island Lake board meeting and allegedly pointed his ".38 cal. finger" at a Village Trustee and the Village Clerk. They both filed Disorderly Conduct charges against Greg. The details appear elsewhere in The Woodstock Advocate; search (upper left) for Greg Kachka.

They were so alarmed or disturbed that it took weeks for the cops to show up at Greg's door. Some threat, eh? If they were so alarmed or disturbed and if their peace was breached at the Village Board meeting, how come they didn't dive under their desks for cover and call the police department immediately?

T-shirts for Greg's legal defense fund are still available for $20 plus shipping. If you want one, get $20 to me and I'll pick it up for you. No charge for the pick-up and delivery. Better yet, not just one or two. Buy five or ten.

Attorney Fuentes discusses in the Tribune article how charges of Disorderly Conduct can be used to silence opposition. The statute is vague by not defining "alarm" or "disturb" or how the peace must be breached for a person to feel threatened.

If you saw people around you being arrested for DC and worried that you might be arrested, how excited would you be to go to your town council and protest their actions (or inactions)?

© 2008 GUS PHILPOTT