IN THE MUNICIPAL COURT OF WHITEACRE BLUFFS
TRAVERSE COUNTY, OHIO
CITY OF WHITEACRE BLUFFS
V.
K. J. TYLER
Defendant.
PRELIMINARY HEARING ORDER
A Preliminary Hearing in this Matter will be scheduled as expeditiously
as possible consistent with the court's calendar- At the preliminary hearing
the Prosecution must demonstrate that there is probable cause to try defendant
K.J. Tyler on the charge of loitering in violation of WBMC &;9-5-014.
in order to satisfy this court that probable cause exists, the prosecution
must make out a prima facie case that defendant Tyler was loitering as
that term is defined in the ordinance and that, at the time of the arrest,
the loitering activities in which the defendant or others were engaged
presented an imminent threat to the public peace. safety or order The parties
are reminded that the main purpose of a preliminary hearing is to ensure
against hasty, malicious, improvident or oppressive prosecutions-
Defendant K.J. Tyler has challenged the constitutionality of &;9~5-o14.
Defendant asserts that the ordinance infringes upon her First Amendment
right to freedom of association. Defendant Tyler must satisfy this court
that the ordinance intrudes upon a form of association entitled to First
Amendment protection and, if so, that the City lacks a compelling state
interest to justify the intrusion.
Both parties shall present testimony in support of their positions
and be prepared to address the questions of law surrounding the facts of
this case. As the Prosecution has the burden of establishing that there
is probable cause to go forward with the charges against defendant Tyler,
it will go first and put on its evidence in support of the propriety of
the prosecution and the constitutionality of the ordinance. The Defendant
will follow with its evidence.
IT IS SO ORDERED.
____________
Judge I. Obligem
Date: February 1, 1999