Ticket seller was arrested on separate occasions for violating city ordinance by selling or offering to sell baseball tickets near a baseball field.
After trial, the Circuit Court sua sponte declared the ordinance unconstitutional and found the ticket seller not liable for violating it. City appealed.
The Appellate Court held that:
- Ordinance prohibiting any person from selling tickets near a stadium or playing field was not facially unconstitutional as overbroad under First Amendment;
- The right to sell tickets for sporting event was not a fundamental right, and thus rational basis review applied; and
- Ordinance was rationally related to city’s interests in promoting public safety and welfare and, thus, was facially constitutional.