The association has complained about discrimination within the department and has spoken out against police brutality and discriminatory enforcement.

By leaving that question to the discretion of the police, the public defender's brief said, the ordinance encouraged "arbitrary and discriminatory enforcement."

Because of the ordinance's vagueness there was a danger of "arbitrary and discriminatory enforcement", Sprecher claimed.

In the other test, the court ruled that the law permitted "arbitrary or discriminatory" enforcement because the Legislature had failed to include "minimal guideliness."

The vagueness may also have the effect of allowing arbitrary and discriminatory enforcement of the law, as well as possible chilling effects on First Amendment rights.

"It's over-broad and vague, and there will be discriminatory enforcement."

They said the case should be sent back to lower courts to hear evidence on the allegations of discriminatory enforcement.

The only cases that have successfully challenged flip taxes have been based on discriminatory enforcement of the fee, where it was applied differently to different shareholders.

This law (as similar laws in various countries have been ) could be a source for discriminatory enforcement in the case of homosexual relations.

And the group is suing the town for $15 million, accusing it of discriminatory enforcement.