Posts Tagged ‘laws’

San Diego Curfew Law Struck Down

Tuesday, February 16th, 2010

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].

Mexico Decriminalizes Drug Use

Tuesday, August 25th, 2009

cfraustoAfter years of warfare between authorities and rivaling drug cartels, Mexico has taken a progressive stand towards stopping the bloodshed by legalizing limited personal drug use. The effort may help save the Mexican government quite a bit of money on catching and penalizing drug users, which may free up more resources to battle the mafioso’s themselves.

How this will affect drug importations into America, particularly San Diego, has yet to be seen, but it may make defense strategies easier for drug offenders and their San Diego criminal lawyers.

While many other countries have moved to legalized marijuana, even California has been discussing the idea in an effort to raise tax money, Mexico has legalized the use of all types of drugs, including cocaine, LSD, heroin and more. The only other country to have legalized this spectrum of drugs is Portugal. Public consumption and large quantities are still explicitly illegal.

When this same initiative was attempted in 2006, San Diego Mayor Jerry Sanders called the proposal “appallingly stupid.” Three years later though, things have changed. US authorities have so far issued nothing but praise for the government as it wages war with cartels:

“We know that Mexican law enforcement authorities are continuing their efforts to target drug traffickers,” Department of Justice spokeswoman Laura Sweeney said Friday. “Our friends and partners in Mexico are waging an historic battle with the cartels, one that plays out on the streets of their communities each day.”

For more information on this historic decriminalization law, please read the rest of the article in the Cristian Science Monitor. Photo Via Christian Frausto Bernal [Flickr]