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| Date: From: Subject: | 10/3/2011 4:38:49 PM Home School Legal Defense Association Kentucky: Additional Action Requested on Covington Daytime Curfew Issue! |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== Kentucky: Additional Action Requested on Covington Daytime Curfew Issue! Dear HSLDA Members and Friends in Covington: Last month, because of your phone calls and emails, the Covington City Commission tabled the daytime curfew proposal that they had intended to pass. However, as we warned, this was not a complete victory because of the possibility of the proposal being brought up again. Well, we have learned that it is very likely some discussion will happen on this issue at the Covington City Commission tomorrow night, October 4,at 6 p.m. It is even possible that the commissioners might try to vote on the daytime curfew proposal at this meeting. While your voices have been heard loud and clear, there were only three homeschoolers at the meeting last month. Without a large showing at tomorrow's meeting, the Covington City Commission might dismiss the objections to this curfew as mainly coming from homeschoolers from "out-of-state"--as we have already heard some on the commission say. It is vital that as many homeschoolers who live, work, shop or otherwise travel to Covington show up for the meeting. Bring your older students who would be impacted by this daytime curfew. We need a nicely dressed, respectful homeschool crowd that will demonstrate opposition to this curfew! It is unlikely that public comment will be needed, but dozens of families will have a strong impact on the outcome of this issue. Please come and help represent freedom! We have been informed that the Covington City Commission has slightly changed the proposed ordinance. However, private homeschool students going about their business in Covington during public school hours will still most certainly face being stopped by police and possibility ticketed simply because they are (or look) under 18. We need to see you at the meeting tomorrow night to help stop this daytime curfew! Action Requested: 1. Attend the meeting of the city council tomorrow, October 4, at 6:00 p.m. in the Commission Chambers at 638 Madison Avenue to demonstrate your opposition to the proposed ordinance. 2. Forward this email to other homeschooling families who are not members of HSLDA and ask them to take the same action. 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 U.S. Constitution. Daytime curfews violate 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. 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 can result in registration of privately educated students with police departments with the attendant issuance of ID cards and badges. Curfew Anecdotes Jacob,* a 12-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 after his mother realized they had run out. While he was out, a police officer picked him up, brought him home, and cited him for violation of the daytime curfew.Under the proposed changes, police officers would have the authority to issue citations to citizens they believe to be in violation of this new curfew and transport minors to school, home or their parents. Kyle*, a California homeschooler, 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. 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. She was then accosted by a police officer who ticketed her for being on the street in violation of Los Angeles' Daytime Loitering Ordinance. 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 homeschool was not in session. Fairhaven Christian Academy did not open for the school year until four days later. * names changed to protect privacy. For more information on daytime curfews, please see our analysis of this issue at http://www.hslda.org/elink.asp?ID=2102 . Please contact the city commission members now! Very truly yours, Thomas J. (Tj) 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. 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Thank you for your cooperation. ====================================================================== | |
