- Beaumont council votes to make truancy illegal, 5 February 2008, Press-Enterprise, Riverside, California — “The first ordinance states that it is unlawful for any juvenile enrolled in school full time to remain at a public place or establishment without the consent of the owner or manager during the hours, and on days, when school is in session. It gives students 30 minutes to get to school in the morning and 30 minutes after school to get home, Coe said after the meeting. The ordinance makes some exceptions, including if the child is home-schooled, …”
- A “chill” on the First Amendment and minimal interference of parental authority, 7 February 2008, Corn and Oil — “In Arthur last week at the homeschool support group meeting, there was discussion about daytime curfews. There have been several passed. It’s hard to keep track of which Illinois towns and cities homeschoolers (and others not on The Public School Schedule), might have to prove they’re legally walking the streets or playing in their front yard.”
- Daytime curfew, 6 February 2008, South Elyria Block Watch — “Please be advised that there will be a Public Utilities, Safety, & Environment meeting at 6:00pm on Wednesday evening, February 13, 2008 to discuss the matter of a daytime curfew for 17 and under.”
- Public Safety Log for Feb 2, Bucks County Courier Times, phillyBurbs.com, Philadelphia, Pennsylvania, Juvenile, 15, Bensalem, 11:30 a.m., Thu, daytime curfew violation, cited.
- Public safety log for Feb. 7, Bucks County Courier Times, phillyBurbs.com, Philadelphia, Pennsylvania — Juvenile female, 13, Bensalem, 7:30 a.m., Tue, daytime curfew violation in 4300 block Hulmeville Rd., cited.
I’m still reading through the following pieces, but for the also-adventurous, here are some links concerning curfews for juveniles.
- Qutb v. Strauss, the Texas case affirming limited cufews, and the basis for many other night time curfews.
- Court decisions — Juvenile curfews
- Juvenile curfews and the major confusion over minor rights, Harvard Law Review
- Juvenile Curfews: The Rights of Minors vs. the Rhetoric of Public Safety, American Bar Association
- Why criminalize children? Looking beyond the express policies drving juvenile curfew legislation, New York School of Law
In that last one, I found a paragraph in which I concluded that the wrong people were locked up.
In Robinson v. Board of Regents of Eastern Kentucky University, a female student challenged the curfew, arguing that it was unconstitutional because it violated the Equal Protection Clause of the Fourteenth Amendment.81 The Sixth Circuit upheld the district court’s decision that a curfew that imposes restrictions on women does not constitute an equal protection violation.82 The court reasoned that sex-based classifications are often upheld and explained that equal protection does not require identical treatment.83 The curfew regulation survived the Sixth Circuit’s rational relation test because the state interest in the discriminatory statute was safety: Women are more likely to be attacked and less likely to defend themselves.84 The Sixth Circuit’s safety justification which permitted curfews targeting women effectively kept some young women under lock and key as a precaution against the improper behavior of men.
The women weren’t doing anything wrong, so it should have been the men who were subjected to a curfew. Don’t punish some people for being victims, punish the perps. But I digress.
posted by Valerie