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Date:
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1/30/2012 4:31:58 PM
Home School Legal Defense Association
Chance to Repeal Cedar Park's Daytime Curfew

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From the HSLDA E-lert Service...
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Chance to Repeal Cedar Park's Daytime Curfew

Dear HSLDA Members and Friends,

The Cedar Park City Council is considering repealing the city's
daytime curfew. We need you to act to support this move to get rid of
an ordinance that undermines the freedom and liberty we enjoy in the
United States.

The curfew presently forbids children under seventeen from being in
public places during curfew hours--9 a.m. to 2:30 when the public
schools are in session. While homeschooling is a defense to being
convicted, HSLDA has found that homeschool students can still be
stopped and interrogated if out in public--even if their homeschool
isn't in session that day! HSLDA recently settled a lawsuit against
Los Angeles for false arrest of two homeschool students under a
similar law.

Please take action, as requested below, to defend your freedom.

Action Requested

1) Pray that this move to get rid of the curfew will succeed.

2) Please call homeschoolers and other freedom-loving citizens in your
area to alert them to this need as quickly as possible. Every person
you can reach by telephone is one person more likely to help repeal
this un-American curfew.

3) This ordinance will be up for a public hearing at the City Council
meeting at the Cedar Park Public Library on February 2, 6:30 p.m. We
encourage homeschoolers to attend and testify in support of repealing
the daytime curfew ordinance.

Background

This problem is more than hypothetical. Even in ordinances such as
this one where exceptions for homeschoolers are written into the
curfew law, police officers frequently presume that any school-age
child is truant, regardless of whether he or she is homeschooled.
HSLDA has had to defend numerous homeschoolers in court who have been
cited for violation of daytime curfews.

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. Texas
has 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.

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 a 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 more information on daytime curfews, please see our analysis of
this issue.

A strategy packet for defeating daytime curfews can be found online.

Thank you for standing with us for freedom!

Standing with you,

Darren A. Jones, Esq.
HSLDA Staff Attorney


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More reasons to join HSLDA...
http://www.hslda.org/elink.asp?id=1107

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