Difference between freedom of assembly and loitering?
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Difference between freedom of assembly and loitering?
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what if we are in front of my friends house not causing no problems and police try to give us a loitering ticket are they wrong or are we? Keep in mind we are all over 18 years of age
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Phil
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Purpose. Loitering is to remain in an area with no evident purpose, or with unlawful purpose (loitering for prostuition for example).
Quantity: One person can loiter, one person cannot assemble.
Freedom of assembly is to assemble for a purpose, though it doesn't have to be MUCH of a purpose. But to merely assemble without any purpose is often what the law prohibits. To remain idle in an area for a prolonged time...
But your question is fair game because loitering laws are often used in discriminatory ways or in ways so as to obstruct free association or assembly historically.
I think you should look up the ordinance and see what it says exactly. Loitering is an issue when it obstructs passage, creates a public nuisance or disturbance, etc. When you see exactly what the local ordinance prohibits you may be able to find a way around it.
Next time, you should all have some pamphlets about community activity or politics and share them with the officers...perhaps.
The other responder gives me an idea ... are you doing this in front of his house as on the street or as in his yard? Because I doubt that they can charge you with loitering in his yard. If you are on his property you aren't loitering, you're visiting.
Aaaand finally. Ask yourself why the police are there? Someone complained. What are you doing that is bothering others? Can you change what you do so it won't bother people and then they won't complain? |
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Mutt
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A big part of this situation would be what you were doing in front of your friends house. If you were being loud and disruptive, rude, or anything else that the neighbors could legitimately complain about, they could issue you a citation. If, on the other hand, you were just sitting there and talking in normal tones, and nothing illegal, this probably would not happen. |
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karl k
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loitering takes place on someone elses property. usually a place of business. |
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