Cruising Ordinance Laws

Cruising is driving to socialize or to see and be seen, not to reach a specific destination. It usually occurs when several vehicles come to a certain spot at a certain time for the specific purpose of cruising the area.

The time and place may be pre-arranged with a specific group of people, or it may just be a locally known custom that people simply show up for. Those cruising may meander on their route, but the goal is to end up on a particular strip of road or another place where cars can drive back and forth for social purposes, such as flaunting unique cars and attempting to attract a romantic partner.

Cruising is not the same as street racing, which may be illegal due to a separate ordinance or law.

Cruising ordinances are written to prevent the gathering of “cruising” vehicles at a certain time and place. For example, some ordinances prohibit cars from driving on the same street at certain hours of the day or through certain parts of a street more than twice within a certain amount of time. Police checkpoints may enforce this. There are also likely signs stating that no cruising is allowed at certain times. Cruising ordinances may also be enacted in areas like large parking lots.

This activity has a long history in the United States and elsewhere. Certain towns and neighborhoods have become famous at different times for attracting cruisers. Over time, many cities have responded by enacting city ordinances prohibiting cruising.

Are there Legally Protected Cruising Ordinances?

Authorities at the state and local level have an interest in preventing nuisance and crimes often associated with cruising. Once an anti-cruising ordinance is established, cruising becomes a traffic offense for which an offender (a cruiser) may receive a traffic ticket.

Courts have upheld local anti-cruising ordinances if they stay within certain limits:

• The restrictions a cruising ordinance places on traffic should be “narrowly” written, meaning it should be very specific and stick to limited circumstances
• The ordinance should serve a governmental interest, in this case, preventing traffic congestion and nuisances such as littering, noise, exhaust, and potential traffic accidents.

Below are some of the criteria a successful cruising ordinance should meet:

• The law itself might identify specific traffic areas, such as particular intersections
• The area where the law prevents cruising is a reasonable one where traffic needs to be prevented, such as business districts and other high-traffic congestion areas
• The law should designate a reasonable time for enforcement. Usually, cruising ordinances are enforced during nighttime hours. Enforcing a cruising ordinance during daytime hours would be more burdensome for the local population.
• As mentioned above, the law should be related to a governmental interest, such as a reduction in traffic or noise pollution.

What are the Possible Penalties for Cruising?

The punishment for criminal convictions will always vary from state to state, as each state has the right to determine the exact punishments for each crime. Nevertheless, the violator will likely be faced with one or more of these penalties:

• The most likely penalty is a traffic citation for cruising, which involves paying a monetary fine
• Traffic citations may increase the cost of insuring a car and driver
• Police who pull over cruisers to cite them may also give them tickets for anything else they see that does not comply with traffic laws. For instance, they may ticket the passengers of the car if they are not wearing seatbelts.

What are the Defenses Against a Cruising Violation?

If you have been cited as violating a cruising ordinance, some possible defenses that have been tried are:

• You were heading to a specific destination and were not cruising;
• The purpose of the drive was not social
• Many people have tried raising constitutional challenges to cruising ordinances. They may claim that the ordinance is overbroad and unreasonably restricts personal freedoms guaranteed by the Constitution.

It is not always clear what will work as the best defense, as the surrounding circumstances will vary from case to case. It’s important to relay all of the facts of the situation to your lawyer, as it will give them the best chance to raise the best possible defense.

Is there Opposition to Cruising Ordinances?

As mentioned above, cruising has been popular in the U.S. for a very long time. In certain areas around the country, it has been a custom passed down over generations. Cruising is an activity that provides something to do for kids who aren’t old enough to go to bars or other establishments for socializing.

Because of the freedom it provides to young people and has become ingrained into many local societies over time, there has been some pushback regarding these types of ordinances. Many people have tried to present legal challenges, stating that their constitutional rights are being infringed upon. However, cruising ordinances have become more and more common around the country.

Today, the popularity of cruising seems greater than ever. Yet, it may soon be legislated out of existence. Even cities and towns whose reputations have benefited from their cruising traditions have banned cruising.

The most telling examples are Pasadena, California, where cruising was made famous by the Jan and Dean song “The Little Old Lady from Pasadena,” and Modesto, California, the setting for 1973’s American Graffiti and an oasis for cruisers and drag racers. In both cities, cruising is now illegal. All across America, cities and towns have criminalized cruising at an alarming rate.

When people have appealed cruising convictions, they have often tried to claim it serves no purpose and is discriminatory. Most, if not all, of the crimes anti-cruising legislation is seeking to deter – noise ordinances, prostitution, theft, and carrying weapons – are already illegal, so cruising laws are unnecessary, say the opponents. But what typically happens on appeal is that the individual in the particular case is cleared of any wrongdoing since they were driving for a valid purpose, but the laws are upheld.

This is not what happened in a well-known case in Anoka, Minnesota. In May 1993, 19-year-old Jason Stallman was ticketed for violating Anoka’s cruising ordinance even though he wasn’t joyriding. He was ticketed while simply on his way to a Burger King.

Stallman contacted a local attorney, Carl Newquist, who agreed that Anoka had enacted the cruising ordinance specifically to keep teenagers off the streets. “The police philosophy,” said Newquist, “was to stop teenagers from congregating. They thought that would help with the local drug problem. They were arresting kids left and right.” The cruising and loitering ordinances had been used almost exclusively to discriminate against teenagers, according to Newquist.

Attorney Newquist believed the ordinance was flawed in allowing the police to select a floating traffic-control point anywhere they chose. That meant a non-cruiser could get cited for cruising simply by picking up friends in different parts of town or looking for a parking space. After losing at trial, Newquist appealed the case and won. The judges who heard the appeal seemed suspicious of the police department’s motives and declared the Anoka ordinance an unconstitutional infringement of the right to travel.

Should I Hire a Lawyer to Fight a Charge of Cruising?

If you have received a cruising citation, you may want to speak with a traffic violation lawyer to learn more about your rights and possible defenses.

Remember that the outcome will depend on the surrounding circumstances and the amount of evidence available. Be prepared to share every detail with your lawyer to give yourself the best chance of success when fighting the charge.