Ex parte Battles
In Ex parte Battles, 771 So. 2d 503 (Ala. 2000), the ordinance penalized "'failing to obey the direction or order of a member of the police department of the city while such member is acting in an official capacity in carrying out his duties.'" Id. at 504.
Battles argued that the city ordinance was overbroad because there was no limit to its scope.
The Alabama Supreme Court held:
"The ordinance is in fact limited in scope; it restricts itself to any order made by an officer "acting in an official capacity in carrying out his duties." An officer can give only lawful orders if he is acting in his official capacity. If an officer's order is unlawful, then, in giving the order, the officer is no longer acting within his official capacity."
Id. at 505.