Four California families filed a lawsuit on April 28, 1997, in Los Angeles County, California, against the Monrovia Chief of Police and the City of Monrovia challenging the constitutionality of a daytime curfew ordinance. The curfew makes it unlawful for any person under the age of eighteen to be anywhere other than in a school building or the child’s house from 8:30 a.m. to 1:30 p.m. on days when school is in session. The five minor plaintiffs have been stopped for interrogation by Monrovia police at least 26 times, only to be released following proof that they had permission from their school for the particular errand or activity.

     Michael P. Farris, President of Home School Legal Defense Association and co-counsel for the plaintiffs, calls the ordinance “a tool of martial law.” “We don’t believe that the City of Monrovia is a war zone,” says Farris. “Americans live in a free country and people are supposed to be able to walk on the street.”

     All of the plaintiff parents have chosen private education or independent study for their children in obedience to their sincerely held religious beliefs. The particular private schools are not on the same schedule as the public schools. Yet in order to move about freely in the community during hours in which their school is not in session, these youths are required to carry an orange card issued with approval of the city.

     Two of the plaintiffs, Jesse and Benedict Harrahill, ages 15 and 13 respectively, have been stopped, interrogated and temporarily detained on at least 20 occasions. The boys attend a few classes at the public school to supplement their independent study and were stopped as they walked from the public school to their home. Sixteen year-old Gabriel Chavez was stopped and interrogated five times by five different officers during a 20-minute period in the fall of 1996. His school was out for Fall Break when he and a number of others were accosted en route to a fast food restaurant for lunch. Melinda Isenberger is a 15 year-old who was walking to a store with a classmate when an unmarked car with two plain-clothed officers began to follow them. The girls feared for their safety and began to run. The officers pursued them and forced them to stop. Though they never identified themselves as police, the officials warned the girls that a permission slip from school was inadequate and that next time, “more identification” would be needed.