| From the HSLDA E-lert Service: |
< BACK TO ARCHIVE |
| Date: From: Subject: | 2/25/2011 12:37:22 PM Home School Legal Defense Association New Mexico: Hearing Today on Daytime Curfew Bill |
|
====================================================================== From the HSLDA E-lert Service... ====================================================================== February 25, 2011 New Mexico--Hearing Today on Daytime Curfew Bill Dear HSLDA Members and Friends: Representative Dennis Kintigh is sponsoring a bill that would allow any county or municipality in New Mexico to adopt a curfew ordinance to regulate the actions of children during either daytime or nighttime hours. The bill was referred to the House Judiciary Committee and is scheduled for a hearing today, February 25, 2011, at 1:30 p.m. in Room 309 at the Capitol. We are asking you to call and/or email the House Judiciary Committee members listed below to voice your opposition. It would also be helpful for you to contact your representative as well. If a county or municipality wanted to adopt a daytime curfew ordinance, House Bill 254 would allow that jurisdiction to restrict the actions of any children during any school day. Under this bill, any daytime curfew ordinance could require a school-age child to be present on school premises. Such a daytime curfew ordinance could negatively impact the freedom of a 16- or 17- year-old homeschool student who is going to music lessons, co-op classes or other activity with the permission of their parent. Homeschool students could also be restricted by these daytime curfew ordinances even if their home education program is not in session on that day. HSLDA opposes this bill, because it restricts homeschoolers' freedom to allow their children to be seen in public during school hours. We are aware that some amendments might be added to "exempt" homeschool children from these curfews; however, the problem with any exemption is the application of the exemption. Typically, exemptions for homeschool children are not going to prevent your child from be stopped, questioned, and possibly detained under any daytime curfew that is eventually enacted. REQUESTED ACTION 1) Please call and/or email the members of the House Judiciary Committee and give them this message in your own words: "Please vote against House Bill 254. This bill will allow counties and municipalities to enact restrictive curfew ordinances that would violate the constitutional freedom of law-abiding parents and children. Daytime curfews interfere with parents' fundamental right to the custody and control of their children as well as their right to direct the upbringing and education of their children. There is little evidence that daytime curfews significantly reduce juvenile crime during curfew hours. I am opposed to House Bill 254 in spite of any amendments that might be proposed." You do not need to mention that you are a homeschooler. House Judiciary Committee members are as follows: Representative Al Park (Chair) - (505) 986-4413 - alpark.nm@gmail.com Representative Joseph Cervantes (Vice Chair) - (505) 986-4234 - Joseph@cervanteslawnm.com Representative Eliseo Lee Alcon - (505) 986-4243 - eliseoalcon@msn.com Representative Paul C. Bandy - (505) 986-4248 - paul@paulbandy.org Representative Cathrynn N. Brown - (505) 986-4211 - brown55@windstream.net Representative Gail Chasey - (505) 986-4844 - gailchasey@msn.com Representative David C. Chavez - (505) 986-4451 - david@davidcchavez.com Representative Zachary J. Cook - (505) 986-4454 - zachjcook@gmail.com Representative David L. Doyle - (505) 986-4249 - ddoyle@ebnm.com Representative Brian F. Egolf - (505) 986-4423 - brian@brianegolf.com Representative Nate Gentry - (505) 986-4249 - natefornm@gmail.com Representative Antonio "Moe" Maestas - (505) 986-4233 - rep16@moejustice.com Representative Bill B. O'Neill - (505) 986-4464 - oneillhd15@fastmail.us Representative William "Bill" R. Rehm - (505) 986-4248 - bill.rehm@nmlegis.gov Representative Mimi Stewart - (505) 986-4344 - mstewart@osogrande.com 2) If your state representative is not on the Judiciary Committee, please contact him or her with the following message in your own words: "Please vote against House Bill 254. This bill will allow counties and municipalities to enact restrictive curfew ordinances that would violate the constitutional freedom of law-abiding parents and children. Daytime curfews interfere with parents' fundamental right to the custody and control of their children as well as their right to direct the upbringing and education of their children. There is little evidence that daytime curfews significantly reduce juvenile crime during curfew hours." How to find your Senator/Representative: Go to http://www.nmlegis.gov/lcs/legislatorsearch.aspx , and type in your zip code, or call the New Mexico Legislature's main switchboard at (505) 986-4300 and ask for your senator or representative. 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 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 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 community. - Daytime curfews will likely result in registration of privately educated students with police departments with the attendant issuance of ID cards and badges. Curfew Anecdotes > Kyle* was a California homeschooler who was out during public school hours. He was picked up by the police and transported to the local truancy center. If convicted, he would have faced a fine of $195.00. > Amy,* who is homeschooled, lives just outside of the Los Angeles city limits. One morning in 2005, before departing to attend her uncle's funeral, she took a short walk. But as Amy was walking, she was accosted by a police officer who ticketed her for being on the street in violation of Los Angeles' Daytime Loitering Ordinance. > Jacob,* a twelve year old homeschooler in California, went to the store one block from his home on February 2, 2006, to buy paper for his homeschool program. A police officer picked him up, brought him home, and cited him for violation of the daytime curfew. > On September 9, 1999, Adam,* age 13, was stopped, detained, and issued a citation by a Los Angeles police officer. He had been walking on the sidewalk with no apparent unlawful purpose. On the day Adam received the citation, his home school was not in session. Fairhaven Christian Academy did not open for the school year until four days later. For more information on daytime curfews, please see our analysis of this issue at http://www.hslda.org/elink.asp?ID=2102 . Thank you for your support of homeschooling freedom in New Mexico! Sincerely, Thomas J. Schmidt HSLDA Staff Attorney ---------------------------------------------------------------------- -> How many news articles did you read this morning over your oatmeal? We live in a world where concise information presented at the right time can make a big difference in the outcome of important legislative efforts. Yet it's tough to keep up with all the issues that affect you. HSLDA does this for you in the areas that affect your homeschool. Our emails and website enable you to take quick, decisive action. Please consider becoming a part of this team. More reasons to join HSLDA... http://www.hslda.org/elink.asp?id=1923 ---------------------------------------------------------------------- ====================================================================== 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. ====================================================================== | |
