background image
18
C
ASE: 3
BACKGROUND
· The City of Anoka, Minnesota passed an ordinance which restricted driving in certain designated
areas of the city called "no cruising zones." This "anti-cruising" ordinance was targeted at
teenagers who would cruise up and down certain roads causing tra c congestion and public
disturbances, such as ghting, underage drinking, vandalism, and other more serious criminal
o enses.
· Jason Edward Stallman drove his car in a "no cruising zone" when he was stopped and charged
with the misdemeanor crime of violating the "anti-cruising" ordinance. He challenged the charge
as an unconstitutional infringement on his liberty and right to intrastate travel.
· Anoka Police alleged that the ordinance was a necessary tool of their police power to keep order
in the city.
BEFORE YOU BEGIN
You Be the Judge!
You Be the Judge!
State v. Stallman
The Constitutional "Right to Travel"
What is an ordinance?
An ordinance is a law enacted by a city or a
town by its governing body--usually a mayor,
a city council, or a town council.
What is a misdemeanor?
A misdemeanor is a minor criminal o ense
usually punishable by less than a $500 ne
and/or less than one year in jail.
What is intrastate travel?
Intrastate travel is traveling within the borders
of a city or state. Although the United States
Supreme Court has not addressed the issue of
whether the constitutional right to interstate
travel (traveling to di erent states) includes
the right to intrastate travel, both lower
federal courts and state courts have found a
fundamental right to intrastate travel.
What does unconstitutional mean?
An unconstitutional law is a law or an action
pursuant to that law that con icts with the
United States Constitution--the supreme
law of the United States of America. No state
law shall con ict with the Constitution. In this
case, the Defendant challenges the "anti-
cruising" ordinance as an unconstitutional
infringement on the right to travel within the
borders of a state.
What is Police Power and
Constitutional Standards/Test?
While a government has authority to pass
laws to keep its citizens safe from harm,
these laws need to meet constitutional
requirements. Here, an "anti-cruising"
ordinance must be narrowly tailored to meet
signi cant city objectives of protecting the
general public.
For Evaluation Purposes Only