From the HSLDA E-lert Service:


5/1/2006 5:11:40 PM
Home School Legal Defense Association
Ohio--Calls Needed to Stop Daytime Curfew Ordinance

From the HSLDA E-lert Service...

May 1, 2006

Ohio--Calls Needed to Stop Daytime Curfew Ordinance

Dear HSLDA members and friends:

The City of Lyndhurst is considering Proposed Ordinance 2006-37. This
is a daytime curfew ordinance which would prohibit a minor of
compulsory attendance age from being in public during school hours.
This legislation undermines the freedom and liberty we enjoy in the
United States.

We have dealt with daytime curfews in other cities. With a curfew in
place, your children could be taken to the local police station to
verify who they are and that they have a valid excuse to be in a
public place.

You would have less freedom to send your 17-year-old daughter to pick
up some groceries or let your 16-year-old son go to music lessons
across town.

The Lyndhurst City Council hopes to pass this ordinance on an
"emergency basis" tonight. We need as many people as possible to
attend the council meeting at 8 p.m. to express opposition to the


1) If you can reach Lyndhurst, Ohio by 8 p.m., please make an effort
to attend the Lyndhurst City Council meeting. The Council should meet
upstairs in the City Council chambers at:

5301 Mayfield Road
Lyndhurst, Ohio 44124
(440) 442-5777
(440) 442-1844 (FAX)

You can get directions through or .

Your message is simple: "Please oppose proposed ordinance 2006-37.
Daytime curfews are un-American. Don't make it a crime to be a child
in a public place."

2) Please call homeschoolers and other freedom-loving citizens in
Cuyahoga County to alert them to this need as quickly as possible.
Every person you can reach by telephone in the next few hours is one
person more likely to stop this un-American curfew.


> Daytime curfews violate a minor's fundamental constitutional right
to freedom of movement as guaranteed by the Fourteenth Amendment on
the public streets, highways and areas of the city without being
subjected to prior governmental restraint.

> Daytime curfews violate the fundamental legal principle of the
presumption of innocence. This presumption is protected by the Due
Process Clause of the Fourteenth and Fifth Amendments to the United
States Constitution.

> Daytime curfews result in violations of the minors' Fourth Amendment
rights to be secure against unreasonable searches and seizures. A
policeman should not stop and question anyone unless there are actual
facts that make it reasonable to suspect that a crime has occurred. If
a policeman stops and questions a person without such facts, it is a
violation of the citizen's rights under the Fourth Amendment.

> Daytime curfews interfere with the parents' fundamental right to
direct the upbringing and education of their children, especially for
parents with children in small private schools who often work outside
the classroom.

> Daytime curfews are, in essence, beefed-up truancy ordinances. All
states have already addressed the area of truancy in a comprehensive
way. There is no need for new laws addressing the issue of truancy.
The present laws addressing minors simply need to be enforced.

> Daytime curfews will result in selective enforcement. Since officers
will not be stopping every juvenile during school hours to check their
ID, they will be selective. This opens up the extremely dangerous
potential for unequal treatment of minors based upon race, appearance,
dress, etc. This type of ordinance will simply divert attention from
real crime prevention programs and interfere with effective police

> There is no evidence that daytime curfews significantly reduce
juvenile crime during curfew hours. Statistics demonstrate that there
is very little juvenile crime during these hours even when there is no
daytime curfew. Additionally, the serious juvenile law-breaker will
not be deterred by the daytime curfew. However, hundreds, if not
thousands of innocent minors will suffer the inconvenience of
unwarranted stops, detentions and harassment, not to mention the added
cost for taxpayers for the enforcement of the curfew.

> Daytime curfews dangerously train young citizens to accept, as
normal, constraints that are inconsistent with the freedom they should
be educated to enjoy and use responsibly in their adult years.

> Daytime curfews send a message to self-disciplined and responsible
young people that the community makes no distinction between them and
irresponsible adults who abuse freedom in ways detrimental to the

> Daytime curfews will likely result in registration of privately
educated students with police departments with the attendant issuance
of ID cards and badges.

For more information on daytime curfews, please see our analysis of
this issue at . We have a
19-page strategy packet for fighting daytime curfews at


Scott W. Somerville
HSLDA Staff Attorney

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