| From the HSLDA E-lert Service: |
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| Date: From: Subject: | 7/20/2009 2:02:46 PM Home School Legal Defense Association South Carolina: Calls Needed to Stop Daytime Curfew Ordinance |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== July 20, 2009 South Carolina: Calls Needed to Stop Daytime Curfew Ordinance Dear HSLDA Members and Friends, HSLDA has been informed that the Florence City Council is considering enacting a daytime curfew ordinance. The next City Council meeting will be held on August 10 at 1:00 p.m. in Room 604 of the City-County Complex, 180 North Irby St., Florence. The text of the ordinance can be found at http://www.hslda.org/elink.asp?ID=6774 . Although there is an exception for homeschooled students, HSLDA opposes daytime curfews for the reasons stated below in "Background." ACTION REQUESTED: 1. Please call your city council member and give the message below. 2. Please call as many other council members as you can, because the decision they make will affect you. 3. Please attend the hearing on Monday, August 10, and speak out against the curfew. 4. Please ask all of your friends to call as well, and pass on this e-lert to them. Please tell the council members the following in your own words: "We do not need a daytime curfew. Curfews are ineffective and harmful to our freedom. Please vote against the proposed daytime curfew." You do not need to identify yourself as a homeschooler. Mayor Stephen J. Wukela 843-669-5634 City Council Members District 1 Billy D. Williams (Mayor Pro Tem) 843-665-1977 District 2 Edward Robinson 843-229-9571 District 3 Buddy Brand 843-665-7599 At-Large Bill Bradham 843-662-0815 At-Large Octavia Williams-Blake 843-777-5172 At-Large Steve Powers 843-662-5207 BACKGROUND: Daytime curfews violate a minor's fundamental constitutional right to freedom of movement on the public streets, highways and areas of the city without being subjected to prior governmental restraint--as guaranteed by the Fourteenth Amendment. 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 U.S. 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 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. For a legal memorandum on the unconstitutionality of daytime curfews, please see our analysis of this issue at http://www.hslda.org/elink.asp?ID=2102 . Sincerely, Darren A. Jones Staff Attorney ---------------------------------------------------------------------- -> How many acorns can a chipmunk hold in its cheeks? We don't know! But we do know that gathering little by little enables ordinary folks to prepare for hard times. That principle is behind HSLDA's payment plan: by paying a month at a time, families can receive an annual HSLDA membership. Meanwhile, they can feel secure as they homeschool and focus on other priorities -- their children. Don't go nuts trying to pay for membership all at once. Choose one of our convenient payment plans. More reasons to join HSLDA... http://www.hslda.org/elink.asp?id=1937 ---------------------------------------------------------------------- ====================================================================== The HSLDA E-lert Service is a service of: Home School Legal Defense Association P.O. 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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. ====================================================================== | |
