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?. CITY OF NORTH OLMSTED ORDINANCE NO. 2002 -135 BY: The Mayor and Entire Council AN ORDINANCE REPEALING SECTION 533.05 OF THE GENERAL OFFENSES CODE OF THE CITY OF NORTH OLMSTED, ENTITLED "IMPORTUNING," AND DECLARING AN EMERGENCY. WHEREAS, Section 533.05 of the General Offenses Code presently prohibits "Importuning," which is defined as soliciting "a person of the same sex to engage in sexual activity with the offender, when the offender knows such solicitation is offensive to the other person, or is reckless in that regard"; and WHEREAS, the Ohio Supreme Court, in the case entitled State of Ohio v. Thompson (2002), 95 Ohio St. 3d 264, declared those portions of Ohio Revised Code Section 2907.07, the State statute which, like N.O. Cod. Section 533.05, prohibits individuals from offensively soliciting persons of the same sex to engage in sexual activity, unconstitutional as a facially invalid content-based restriction on speech, which by extension also violates the state and federal guarantees to equal protection under the laws; and WHEREAS, it is the recommendation of the Director of Law that Section 533.05 of the General Offenses Code be repealed, in light of the decision of the Ohio Supreme Court in State v. Thompson; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, CUYAHOGA COUNTY, AND 5TATE OF OHIO: SECTION 1: That Section 533.05 of the General Offenses Code of the City of North Olmsted, entitled "Importuning," be and the same hereby is repealed. 5ECTION 2: That this Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public health, safety and welfare, and for the reason that it is necessary that this Ordinance go into effect immediately so that the directive of the Supreme Court regarding the unconstitutionality of such statutes is complied with immediately and the possibility of enforcement of an unconstitutional ordinance, and possible resulting civil liability, is eliminated, and further provided it receives the affirmative vote of two-thirds of all members of Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor.