92 So. 3d 1279
Miss. Ct. App.2012Background
- Archie was convicted in Madison County for disorderly conduct and violating Canton’s parade ordinance, sentenced to 30 days in jail and a $275 fine, and appealed after the Madison County Circuit Court affirmed.
- The organized event was a protest against racial profiling, with plans for a rally at the courthouse and a march to the detention center, for which Canton did not issue a parade permit.
- Permits were obtained from the Madison County Board of Supervisors, not from Canton, and organizers modified plans to avoid a formal march by having some participants travel by car or van, while others walked.
- Canton’s police chief permitted walking to the second rally location so long as participants did not march, used no bullhorn, and avoided signs, creating questions about what constituted a parade or march.
- Testimony varied on how many participants walked to the second location and whether Archie used a bullhorn or chants continued with others, affecting characterization of conduct at issue.
- Archie was arrested as the group approached the police perimeter; he was charged with disorderly conduct and, uniquely, with violating Canton’s parade ordinance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the parade ordinance unconstitutional as vague or giving unfettered discretion? | Archie: ordinance grants police broad discretion and lacks express punishment. | Canton: ordinance regulates permits for parades and does not lack enforceable standards. | Unconstitutional and void for vagueness and discretion |
| Are Archie’s convictions valid given the challenged ordinance and commands by police? | Archie: enforcement cannot punish conduct that violates constitutional rights. | Archie: commands to avoid crossing the perimeter were lawful. | Convictions reversed due to constitutional concerns |
| Does Canton’s failure to file a brief warrant reversal on appeal? | Archie: appellee’s failure to brief amounts to confession of error necessitating reversal. | Canton: lack of brief should not dictate outcome, preserved issues may be resolved otherwise. | Court reverses and renders acquittals |
Key Cases Cited
- Thornton v. Holloway, 49 So.3d 125 (Miss.Ct.App.2010) (failure to file brief may support reversal if record supports error)
- Nichols v. City of Gulfport, 589 So.2d 1280 (Miss.1991) (due process vagueness requires fair notice of offending conduct)
- King v. City of Clarksdale, 186 So.2d 228 (Miss.1966) (parade ordinances with unfettered police discretion can be unconstitutional)