The City of Wichita (City) charged Gabrielle Griffie with unlawful assembly under Wichita Municipal Code of Ordinances (W.M.O.) § 5.73.030 (2020) several days after she organized and participated in a protest on the streets of Wichita and the steps of its federal courthouse. The City’s theory of the case was that Griffie planned the protest for the purpose of engaging in “disorderly conduct”—more specifically, engaging in “noisy conduct tending to reasonably arouse alarm, anger or resentment in others.” W.M.O. § 5.24.010(c) (2020). After the municipal court found Griffie guilty, she appealed to the Sedgwick County District Court and requested a jury trial. Griffie argued that the district court should strike down the “disorderly conduct” provision used to support the unlawful assembly charge as unconstitutionally overbroad because it prohibits a wide range of expressive conduct protected under the First Amendment to the United States Constitution. The district court denied Griffie’s request, and a jury found her guilty of unlawful assembly under the “noisy conduct” definitional ordinance. Griffie appeals, renewing her constitutional challenge to the “noisy conduct” provision of W.M.O. § 5.24.010(c). For the reasons stated, the Kansas Court of Appeals reject Griffie’s facial challenge to the constitutionality of the ordinance and affirm the district court’s judgment.
