The 4th District Court of Appeal struck down San Diego’s curfew law, finding too many flaws in the current wording. The court claimed the law was too broad and failed to offer sufficient protections for the town’s youths. A similar law was struck down in 1997.
One of the biggest issues the court had with the law was the lack of provisions for teens to get to and from legal late-night events without being picked up by a parent. Justice Alex McDonald claimed that the law imposed unconstitutional restrictions on the teen’s first amendment rights.
The city is already taking steps to adapt the law to suit the court’s decision. In the meanwhile, police cannot enforce the curfew. At present, the law says a person under 18 cannot be out between 10 P.M. and 6 A.M. unless traveling to or from a job or accompanied by an adult. At the same time, the minors have the right to be at certain events between these times. The city claims the law’s aim is to protect teens from being victimized by crime and from participating in crime.
“It punishes the minor even though they may have parental permission,” said the San Diego criminal lawyer responsible for appealing the issue. “It gives them the right to attend these things, but punishes them for going.”
To read more on the matter, see the article on Sign on San Diego. Image via Erin MC Hammer [Flickr].
