From the HSLDA E-lert Service:
< BACK TO ARCHIVE

Date:
From:
Subject:

7/14/2006 3:31:34 PM
Home School Legal Defense Association
Ohio--Calls Needed to Stop Daytime Curfew Ordinance

======================================================================
From the HSLDA E-lert Service...
======================================================================


July 14, 2006

Ohio--Calls Needed to Stop Daytime Curfew Ordinance

Dear HSLDA members and friends:

South Euclid, Ohio is considering an ordinance which would enact a
daytime curfew. The Legislative Committee Meeting will hear this
ordinance on Monday, July 17, 2006. If enacted it would prohibit any
child between ages 6 and 17 from being in public during school hours
unless accompanied by an adult or the child is carrying written proof
that he may be in public. This legislation undermines the freedom and
liberty we enjoy in the United States.

This same ordinance has been discussed by South Euclid previously;
this meeting will likely result in either a favorable or unfavorable
recommendation of the ordinance to the full council. A good showing
of people in opposition to the curfew will help to defeat this
proposal.

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 15-year-old daughter to pick
up some groceries or let your 16-year-old son go to music lessons
across town.

The South Euclid City Council will hear this ordinance on Monday, July
17, at 7 p.m. We need as many people as possible to attend the council
meeting to express opposition to the curfew.

ACTION REQUESTED

1) Attend the South Euclid Legislative Committee meeting on Monday,
July 17, at 7 p.m. The meeting will be at the South Euclid City Hall,
1349 South Green Road, South Euclid, Ohio.

Your message is simple; by being there you are showing your opposition
to the un-American daytime curfews.

2) Please call homeschoolers and other freedom-loving citizens 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.


BACKGROUND

> 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 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
work.

> 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 lawbreaker 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
community.

> 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 http://www.hslda.org/elink.asp?ID=2102 . We have a
19-page strategy packet for fighting daytime curfews at
http://www.hslda.org/docs/nche/000010/200308130.pdf.

Sincerely,

Scott W. Somerville
HSLDA Staff Attorney

----------------------------------------------------------------------
-> Who are the nation's best lobbyists?

We don't know that this has ever been determined; but we do know
that HSLDA's National Center for Home Education is the only
national organization lobbying on behalf of homeschoolers on
Capitol Hill.

More reasons to join HSLDA...
http://www.hslda.org/elink.asp?id=1102

----------------------------------------------------------------------
======================================================================
The HSLDA E-lert Service is a service of:

Home School Legal Defense Association
P.O. Box 3000
Purcellville, Virginia 20134
Phone: (540) 338-5600
Fax: (540) 338-2733
Email: info@hslda.org
Web: http://www.hslda.org

----------------------------------------------------------------------
How To Subscribe:

- Subscribe to the HSLDA E-lert Service at our website:

https://secure.hslda.org/hslda/elert/account.asp?Process=Subscribe

- Or send an email with name and complete mailing address to:

subscribe@hslda.org

----------------------------------------------------------------------
Subscription Information:

- You subscribed to the HSLDA E-lert Service as:

##ToAddress##

- To unsubscribe from the HSLDA E-lert Service send an email from
the email address you want to unsubscribe to:

unsubscribe@hslda.org

- To change your email address or make other changes to your
subscription, visit the HSLDA E-lert Service account web page at:

https://secure.hslda.org/hslda/elert/account.asp

----------------------------------------------------------------------
POSTMASTERS: This message is being sent to the most recent address we
have for our subscribers. If this is an invalid email address or you
have other problems, please reply to webmaster@hslda.org.
----------------------------------------------------------------------
DISCLAIMER: This is considered a private and confidential message
from HSLDA to its bonafide HSLDA E-lert Service subscribers.
HSLDA cannot attest to the authenticity of copies posted, forwarded,
or sent by any party other than HSLDA.
----------------------------------------------------------------------
NOTE: Please do not reply or otherwise use this email address;
hslda@hslda.org is for broadcast purposes only and is not intended to
receive incoming messages. We cannot reply to any email sent to this
address. If you have comments or questions, please send email to
info@hslda.org or call HSLDA at 540-338-5600. HSLDA members can also
email staff directly through the Members website at
http://members.hslda.org/contact.asp. Thank you for your cooperation.
======================================================================