City of Harvard v. Gaut

In City of Harvard v. Gaut (1996) 277 Ill.App.3d 1 214, the defendant was convicted of violation of a municipal ordinance that made it "unlawful for any person within the City to wear known gang colors, emblems, or other insignia . . . ." ( Id. at p. 2 660 N.E.2d at p. 260.) The appellate court reversed, holding that the ordinance was facially overbroad. The gang symbol alleged in the case was a six-pointed star the police believed was a symbol of the Gangster Disciples street gang, though they acknowledged it was also "a symbol of Judaism as well as of the gangs affiliated with the Folk Nation." The officers involved also "acknowledged that 'gang colors' and 'gang symbols' include a wide and undefined range of clothing and jewelry and that, in most cases, these colors or symbols are not necessarily gang related. According to Officer Lunsmann, the best-known gang 'colors' were black and gold (Latin Kings and other People Nation affiliates) and blue and black (Folk Nation affiliates). However, Lunsmann acknowledged that black and gold are also the official colors of Harvard High School. He further acknowledged that blue and black clothing may be a gang symbol, particularly when displayed via a Duke University baseball cap, which is also a Folk Nation emblem. However, people with no known gang connections wear Duke hats and other blue-black combinations. Moreover, numerous colors may be associated with or used by one gang. Lunsmann agreed with defendant's counsel that 'all of the colors under the rainbow can indicate a gang in the right combination' and that 'the list is endless.' According to the officers, other examples of clothes used as gang symbols include Oakland Raiders caps, Chicago Bulls jackets and caps, Converse shoes, one untied shoelace, and caps that are tilted to the left or to the right. The officers also conceded that the list of gang symbols or jewelry also includes designs or emblems that are not necessarily gang related. According to Lunsmann, other common gang insignia include the six-pointed star, the 'five-pointed star, backwards Swastika, Playboy bunny head, Spanish cross and winged heart.' " ( Id. at pp. 4-5 660 N.E.2d at pp. 261-262.) This testimony, the court observed, showed that the "gang activity ordinance" was "directed at a wide variety of symbolic speech, much of which is not inherently gang related. The subject matter of the law's prohibitions is not merely broad, but open-ended and potentially limitless. The ordinance does not define, list, or explain what constitutes a 'gang symbol' or 'gang colors'; it does not even define 'gang.' Further Officers Lunsmann and Burton conceded that almost any color combination may become gang colors and almost any symbol may be a gang symbol; in Lunsmann's words, 'the list is endless.' What is innocent today may become a gang symbol tomorrow according to the whim of the gangs themselves. Were a gang (however defined) to adopt red, white, and blue as its colors or the crucifix as a symbol, every church and school would be 'flashing' gang symbols." ( City of Harvard v. Gaut, supra, 277 Ill.App. at p. 7 660 N.E.2d at p. 263. )