CHICAGO, IL – The U.S. Court of Appeals for the Seventh Circuit has upheld a Chicago ordinance that allows officers to issue administrative citations instead of making arrests for low-level offenses, including public urination.
The plaintiff, Joshua Pinchon, was arrested in 2021 after urinating behind a parked car. He argued that under the ordinance, which allows for administrative citations for certain municipal code violations, his arrest violated the Fourth and Fourteenth Amendments.
The court rejected Pinchon’s arguments, holding that the ordinance did not strip police of their authority to arrest individuals for violations that are still classified as criminal under Illinois law. The court emphasized that while the city may provide alternatives to arrest, it does not eliminate an officer’s discretion to arrest when permitted by state law.
Pinchon also claimed he was treated differently than others based on discriminatory enforcement of the ordinance. The court dismissed this claim, stating there was no evidence showing that he was treated differently because of his membership in a protected class or that officers acted with discriminatory intent.
The court concluded that Pinchon’s arrest was lawful under both state law and constitutional standards. The decision affirms the city’s practice of giving officers discretion in how they enforce municipal code violations.
