Mr. Broker:

In my research of both the Middletown Codified Ordinances (MOC) and the Ohio Revised Code (ORC), all that I could find that may apply is possibly “Disorderly Conduct” if the number or positions of the people loitering “hinders the movement” of others either along the sidewalk or to or from your establishment. In my opinion, this would be a rather “subjective” judgment, but might be enough to get a “suggestion to move along” from a sympathetic officer who is not having a busy shift. (Perhaps monitoring a police scanner and making a call on a slow day when the sidewalk is especially crowded would afford your best opportunity for success.) I have pasted the disorderly conduct sections from both the MCO and the ORC below for your convenience. It’s your call.

You did mention the possibility of a “brick through the window.” It’s more of a stretch, but if you feel “threatened,” and it is the same person(s) frequently loitering near your “place of employment” you might be able to make a case for stalking. (I couldn’t, but you might.)

(1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;

(2) Making unreasonable noise or an offensively coarse utterance, gesture, or display, or communicating unwarranted and grossly abusive language to any person;

(3) Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response;

(4) Hindering or preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender;

(5) Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender.

(1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;

(2) Making unreasonable noise or an offensively coarse utterance, gesture, or display or communicating unwarranted and grossly abusive language to any person;

(3) Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response;

(4) Hindering or preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender;

(5) Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender.