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10/14/2011 4:50:49 PM
Home School Legal Defense Association
Alabama -- City Council Reverses Itself, Passes Daytime Curfew

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From the HSLDA E-lert Service...
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Alabama -- City Council Reverses Itself, Passes Daytime Curfew

Dear HSLDA Members and Friends in Mobile:

After voting down the proposed curfew ordinance on September 13, 2011,
the Mobile City Council reversed itself and passed essentially the
same ordinance at its meeting on October 4, 2011. The ordinance
expands prior law that already included a nighttime curfew and creates
a new daytime curfew during public school hours. Because of concern
that it would result in police harassment of students whose
instruction schedule was different from that of the public schools,
home educators fought passage of this ordinance since it was first
proposed by Mayor Sam Jones in July.

The daytime curfew is in effect from 9:00 a.m. until 2:30 p.m. on
weekdays during which the public schools are in session. It applies to
minors who have not reached their 17th birthday or who have not been
emancipated under Alabama law. It prohibits minors from being in a
public place, which is defined as "any place to which the public or a
substantial group of the public has access and includes, but is not
limited to streets, highways and the common areas of school,
hospitals, apartment houses, office buildings, transport facilities
and shops." A minor who is taught by a private tutor, enrolled in a
church school, or exempt from attending school is not in violation of
the ordinance if the minor is in a public place with the permission of
his or her parent or guardian.

Unfortunately, a law enforcement officer is authorized under the
ordinance to stop and question every person in public who appears to
be a minor. Minors not able to adequately explain their presence in
the public place may be arrested and transported to the Strickland
Youth Center in Mobile, where juvenile offenders are detained.

Minors in violation of the daytime curfew are subject to a fine of
$100 and other penalties that may be imposed by the juvenile court.
Parents who permit their children to violate the ordinance may be
fined $100 by the municipal court for the first offense. For
subsequent offenses, parents may be fined $500 or imprisoned for up to
six months, or both.

The daytime curfew goes into effect on January 1, 2012, and
automatically expires on December 31, 2012, unless the city council
extends it by passing another ordinance. The ordinance requests the
mayor to report and make recommendations to the council on June 1 and
November 1, 2012, regarding the effectiveness and continuing need for
the curfew.

HSLDA member families who encounter difficulties with law enforcement
officers as a result of this ordinance should contact us for
assistance.

Very truly yours,

Dewitt T. Black, III
HSLDA Senior Counsel

View the text of the ordinance >>
http://www.hslda.org/elink.asp?id=12605

Read HSLDA's information on daytime curfews >>
http://www.hslda.org/elink.asp?id=12606

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-> Extreme makeovers are for extreme circumstances...

Most homeschools don't need an extreme makeover, but there is
something to be said for attention to detail and recognition of
accomplishments. Watch the media and you'll soon see that not
everyone wants home educators and homeschooling to look good.
HSLDA works hard to shed light on the good work of home educators
so it's obvious that we don't need someone "making-over" our
homeschools. Join HSLDA and help us show the world that we're fine
as we are . . . thank you!

More reasons to join HSLDA...
http://www.hslda.org/elink.asp?id=1943

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