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

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

They say the remaining bus, which had been destined for a Havana church, has become a symbol of the arbitrary enforcement of the 30-year-old embargo.

"It's inviting arbitrary enforcement," said Norman Siegel, executive director of the civil liberties union.

Second: The vagueness doctrine helps prevent arbitrary enforcement of the laws and arbitrary prosecutions.

William C. Goggins, the lawyer for the bar owners, said the ban was written in "such a manner as to permit or encourage arbitrary enforcement."

Accordingly, we first consider whether the ordinance provides fair notice to the citizen and then discuss its potential for arbitrary enforcement.

The potential for an arbitrary enforcement of the new policy was frightening, and as a result many Jews chose to leave Hesse.

The arbitrary enforcement of existing fossil-collecting laws has left many a vandal unscathed while sometimes getting professional scientists into trouble.

The legal group says such arbitrary enforcement of the laws amounts to discrimination that is illegal and unconstitutional.