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Monday, June 28, 2004
Law - Illinois' Inconsistent Curfew Laws
"Inconsistent curfew laws put teens in legal maze" is the headline to this story today in the Chicago Tribune. Some quotes:
[A] ruling earlier this year by the U.S. Court of Appeals for the 7th Circuit struck down an Indiana curfew law on the grounds it failed to honor minors' 1st Amendment rights. The court's decision says police should ask minors why they are out past curfew and if they are practicing their 1st Amendment rights, such as attending a protest or a church event, police should give them a pass. The problem is, some communities have changed their law to be in line with the decision, but others are continuing their policy of ticketing first and asking questions later.See also these related 6/14/04 and 3/18/04 Indiana Law Blog entries.Illinois' curfew law and laws adopted by many of the state's municipalities contain the same defect as the Indiana law. So in the past six months, local governments, including those in Chicago, Aurora and Naperville, have rushed to amend their ordinances in time for summer. They have added exemptions that would prevent juveniles from being detained by police if they are out late for a legal activity, such as a religious event or a political rally.
But some municipalities have not acted yet and have suspended their curfew laws in the meantime, and the state has not yet revised its law. The result is that curfew law--and its enforcement--can vary from city to city, creating a legal labyrinth for youths wishing to travel late at night.
Still, many local law enforcement agencies believe a curfew law is a valuable weapon, although there's no data to prove that curfews deter youth crime or protect them from harm. * * *
Curfew became the rallying cry of many cities during the late 1990s as they began to enforce laws that had been on the books for decades. But a number of court challenges raised the question of their constitutionality. Those included the Indiana case that spurred the recent changes. The Hodgkins vs. Peterson case began in 1999 when police arrested Colin Hodgkins, 16, and other teens after they left a restaurant in the Indianapolis area, five minutes past the 11 p.m. curfew. Hodgkins was out late with his parents' permission.
Colin and his friends were handcuffed, required to take breathalyzer and drug tests and detained for 2 1/2 hours before the families were notified. The Hodgkins family sued, and a federal district court declared the law unconstitutional. The Indiana General Assembly then amended its law to allow police to arrest minors for curfew violations and allow youths to later prove they were out for legitimate reasons.
The Hodgkinses sued again, arguing that the new law still didn't protect the 1st Amendment rights of young people. The family also argued that the law violated the 14th Amendment by taking away the parents' right to make decisions about what their children can do after curfew hours. The federal appeals court agreed with the first argument, but it left the question of parental rights unanswered.
The rewritten Indiana statute said citations could be issued and teens accused of violating the law could defend themselves later in court. But the court said officers had to give youths a chance to explain their reasons for being out past curfew before a citation is issued.
Posted by Marcia Oddi on June 28, 2004 04:30 PM
Posted to General Law Related