Concerned with its growing gang problem, New York City passes a law making it a crime to be a member of “a criminal street gang.” Jose Perez is a 19-year-old citizen of Mexican descent. He is seen in a high-crime area wearing the color yellow, which is typically the color worn by members of the Latin Kings gang. He is arrested and charged with violating the new statute. Perez argues that the statute fails to adequately define what “a criminal street gang” is and leads to discriminatory enforcement by police.

Is the New York City statute constitutional?