City of Wichita v. Lucero

The opinion of the court was delivered by This is an appeal by the City of Wichita (City) from the
district court's ruling that the mandatory minimum fine provision
for repeat offenders, as set forth in § 5.66.055(b) of the Code
of the City of Wichita, is unconstitutional. This appeal is taken
upon a question reserved by the City pursuant to K.S.A. 1993
Supp. 22-3602(b)(3). The facts are not in dispute. James Lucero was arrested on
December 2, 1992, for violating § 5.66.055(a)(1) of the Code of
the City of Wichita. The ordinance makes it unlawful for any
person to intentionally interfere with or obstruct the conduct of
a lawful business. The defendant was arrested while participating
in a pro-life demonstration at a women's clinic located in
Wichita.