From the HSLDA E-lert Service:


8/1/2011 2:18:30 PM
Home School Legal Defense Association
Alabama: Mobile Daytime Curfew Closer to Passage

From the HSLDA E-lert Service...

Alabama: Mobile Daytime Curfew Closer to Passage

Dear HSLDA Members and Friends in Mobile:

Mayor Sam Jones will hold a second community meeting on the proposed
juvenile curfew ordinance on Thursday evening, August 4, at 6:30 p.m.
at the Mobile Regional Senior Community Center. (This meeting was
originally scheduled for Tuesday, August 2, but has been rescheduled.)
According to reports of those who attended the first meeting on July
26, the tide of public opinion appears to favor enactment of this
ordinance that threatens the liberty of homeschooling families in
Mobile. The mayor and members of the Mobile City Council must hear
your opposition to this proposed ordinance in order to stop it.

Among other things, the proposed ordinance would create curfew hours
for minors between 9:00 a.m. and 2:30 p.m. on weekdays when the Mobile
County Public Schools are in session. A minor is defined in the
ordinance as "any person 17 years of age and under, who has not been
emancipated under Alabama law." In other words, every person under 18
years old and not emancipated (i.e., judicially declared to be an
adult) would be subject to the curfew. But Alabama state law found in
sec. 16-28-3 of the Alabama Code requires school attendance only until
age 17. Further, the law states that a student enrolled in a
church-related school at age 16 is no longer required to attend
school. Mobile's proposed ordinance is intended to change the state's
compulsory attendance law put in place by the Alabama Legislature. The
Mobile City Council has no such authority.

In an apparent effort to accommodate the varying schedules of students
receiving home instruction from their parents, a "home-schooled minor"
is defined in the proposed ordinance as "a child who has been issued a
certificate of exemption by the Superintendent of the Mobile County
School System or from the Superintendent of an applicable city school
system." A home-schooled minor in a public place during curfew hours
with the consent of the minor's parent or guardian would be a defense
to prosecution. But how does a student get a "certificate of
exemption"? What would the superintendent require of a "home-schooled
minor" before he would issue an exemption? Considering the fact that
there is no such thing as a "home school" under Alabama law, who would
be eligible for an exemption from the curfew? The vast majority of
children being taught at home are enrolled in church schools as
evidenced by the filing of an enrollment form with the superintendent,
as required by sec. 16-28-7 of the Alabama Code. The proposed
ordinance would add another requirement for these students (if they
are considered to be "home-schooled") in order for them to be enrolled
in a church school with a different schedule from that of the public
schools. Again, the Mobile City Council has no such authority to
impose requirements on church schools in addition to those established
by the Alabama Legislature.

Those who violate the daytime curfew, including parents and children,
would be subject to a maximum penalty of a fine of $500 or
imprisonment for six months, or both.

Action Requested:

1. Please contact the mayor and members of the Mobile City Council by
telephone or email and express your opposition to the proposed
ordinance. The names and contact information for the city council
members are available at . The
mayor's contact information can also be found online at

2. Attend the public meeting this Thursday evening at 6:30 p.m. at the
Mobile Regional Senior Community Center at 3201 Hillcrest Road to
demonstrate your opposition to the proposed ordinance and speak
against it.

3. Forward this email to other homeschooling families who are not
members of HSLDA and ask them to take the same action.

Please contact the mayor and city council members today!

To see the text of the proposed ordinance, click on the following

In addition, HSLDA has some helpful information on daytime curfews at

Very truly yours,

Dewitt T. Black, III
HSLDA Senior Counsel

-> Will your friends stand by you in trouble?

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threatened. HSLDA is ready to stand by your side along with
80,000 other homeschool families.

More reasons to join HSLDA...

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