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Under 18 curfew... constitutional or not?

Posted on 8/17/14 at 3:53 pm
Posted by PrimeTime Money
Houston, Texas, USA
Member since Nov 2012
27305 posts
Posted on 8/17/14 at 3:53 pm
Law states people under 18 can't be out past 11 pm. Constitutional or not?
Posted by TerryDawg03
The Deep South
Member since Dec 2012
15716 posts
Posted on 8/17/14 at 4:00 pm to
I'd say so, but I'm no constitutional scholar.
Posted by Negative Nomad
Hell
Member since Oct 2011
3173 posts
Posted on 8/17/14 at 4:02 pm to
(no message)
This post was edited on 1/14/16 at 2:14 pm
Posted by goatmilker
Castle Anthrax
Member since Feb 2009
64346 posts
Posted on 8/17/14 at 4:03 pm to
Seems legal on a local scale. Just a guess.
Posted by OneFifty
No favorite team now
Member since Aug 2012
3872 posts
Posted on 8/17/14 at 4:03 pm to
My daughter just turned 18. Any chance they could bump it up to 19?

As for the constitutionality, how many times has it been challenged?
Posted by PrimeTime Money
Houston, Texas, USA
Member since Nov 2012
27305 posts
Posted on 8/17/14 at 4:06 pm to
No idea. Just seems wrong for the state to imprison people in their houses just because it's late.
Posted by HempHead
Big Sky Country
Member since Mar 2011
55461 posts
Posted on 8/17/14 at 4:10 pm to
Minors don't have many rights, anyway.

Posted by GallatinTiger
KY
Member since Apr 2004
2232 posts
Posted on 8/17/14 at 4:22 pm to
quote:

I'd say so, but I'm no constitutional scholar.


Being a constitutional scholar doesn't mean much (see our current POTUS) so your opinion is still welcome.
Posted by OneFifty
No favorite team now
Member since Aug 2012
3872 posts
Posted on 8/17/14 at 4:24 pm to
quote:

No idea. Just seems wrong for the state to imprison people in their houses just because it's late.


My daughter must view me as the 'state'.

Seriously, never considered that view before. It does seem an overreach, though at that age, personally, I feared papa much more than Caesar.
Posted by Aristo
Colorado
Member since Jan 2007
13292 posts
Posted on 8/17/14 at 4:36 pm to
The government knows what's best for your child, besides this is a racist law designed to target young black males.
Posted by SpidermanTUba
my house
Member since May 2004
36128 posts
Posted on 8/17/14 at 6:18 pm to
Y
Posted by Traffic Circle
Down the Rabbit Hole
Member since Nov 2013
4244 posts
Posted on 8/17/14 at 6:22 pm to
Under 18 can't vote. So, politicians can do what they want without retribution.
Posted by ctiger69
Member since May 2005
30616 posts
Posted on 8/17/14 at 6:47 pm to
Yes, especially to stop those low life looters from stealing snicker bars.
Posted by Porky
Member since Aug 2008
19103 posts
Posted on 8/17/14 at 6:53 pm to
quote:

Law states people under 18 can't be out past 11 pm. Constitutional or not?


I'm thinking it sure does happen frequently enough for it not to be but I don't know.

Minors don't have the same rights as adults and shouldn't IMO. Of course, some laws pertaining to minors don't always work in the best interest of minors either. But with the situation in Ferguson, it probably helps steer some kids away from getting in trouble.
This post was edited on 8/17/14 at 7:06 pm
Posted by VOR
Member since Apr 2009
63511 posts
Posted on 8/17/14 at 7:13 pm to
In May 1994, the U.S. Supreme Court refused to hear an appeal of a case, Qutb v. Bartlett, in which the U.S. Court of Appeals for the Fifth Circuit upheld a Dallas, TX, curfew ordinance. The refusal to hear the case allowed the Fifth Circuit's decision to stand.

The Federal district court ruled in favor of the Qutbs. However, the Fifth Circuit reversed, ruling that an ordinance may be constitutional, even when it infringes upon a fundamental right, if it promotes a compelling governmental interest and if no less restrictive way exists to achieve the State's objective. The court held that the Dallas City Council proved its compelling interest in reducing juvenile crime by providing statistical findings that showed the incidence of youth misconduct in the city. The data provided demographic information about the prevalence of juvenile delinquency, the incidence of specific crimes, and the times of day and locations at which most violent juvenile crimes were committed. This effort, combined with the numerous exceptions written in the ordinance, indicated to the court the council's intent of limiting youth crime and victimization in the least restrictive manner possible. The court concluded that "the ordinance presents only a minimal intrusion into the parents' rights" because of the broad exemptions.

The Court's refusal to hear an appeal in the Qutb case does not guarantee protection against future challenges to curfews on constitutional or nonconstitutional grounds. However, a more recent ruling out of the U.S. District Court for the Southern District of California upheld that city's more stringent curfew legislation based upon the Qutb precedent. In March 1995, ACLU filed a suit in San Diego Federal court challenging the city's juvenile curfew ordinance on the grounds that it unreasonably restricted the mobility of youth in the city. The ACLU suit came in response to 6 months of aggressive enforcement of the curfew legislation in late 1994. From June to November of that year, 2,300 young people were arrested for curfew violations, an increase from the 1,000 charged with a violation during that same period in 1993

(yep, i cut and paste but the info is accurate as far as i know)
Posted by Asgard Device
The Daedalus
Member since Apr 2011
11562 posts
Posted on 8/17/14 at 7:15 pm to
Dint know if it's constitutional but it certainly is anti-freedom.
Posted by ShermanTxTiger
Broussard, La
Member since Oct 2007
10859 posts
Posted on 8/17/14 at 7:41 pm to
State can do what it wants. The Federal Govt needs a damned good reason to over step state authority to do it. But then again Federal over reaches are common these days.

Posted by Asgard Device
The Daedalus
Member since Apr 2011
11562 posts
Posted on 8/17/14 at 7:46 pm to
quote:

State can do what it wants.


So you're one of those people, eh? You love big nanny-state governments so long as it's your state and local governments.
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48313 posts
Posted on 8/17/14 at 8:45 pm to
quote:

Law states people under 18 can't be out past 11 pm. Constitutional or not?


Possibly infringes on the Assembly and Equal Protection Clauses.
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48313 posts
Posted on 8/17/14 at 8:47 pm to
quote:

Minors don't have the same rights as adults


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