From the HSLDA E-lert Service:
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Date:
From:
Subject:

8/27/2012 2:41:19 PM
Darren Jones--HSLDA
Public Hearing on Daytime Curfew in Chula Vista!

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From the HSLDA E-lert Service...
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Public Hearing on Daytime Curfew in Chula Vista!

Dear HSLDA Members and Friends:

The Chula Vista Public Safety Subcommittee is scheduled to hold a
public hearing to discuss proposed changes to the existing daytime
curfew at its Wednesday, August 29, meeting at 6:00 p.m.
http://www.hslda.org/elink.asp?id=15541

Currently, Chula Vista Municipal Code 9.09
http://www.hslda.org/elink.asp?id=15542 imposes a daytime curfew that
prohibits minors under age 18 from being present in any "public place
or any place other than the minor's school or home" between 8:30 a.m.
and 1:30 p.m. except under certain specified conditions.

The amended ordinance makes positive changes such as allowing for more
exceptions to the daytime curfew, but it does not eliminate the
current curfew entirely. The Public Safety Subcommittee welcomes
comments and discussion about the daytime curfew from the public.
Since HSLDA opposes daytime curfews, we encourage you to state your
opinion about the daytime curfew at the August 29, 2012, meeting.

ACTION REQUESTED

Please attend the meeting on August 29
http://www.hslda.org/elink.asp?id=15541 at 6:00 p.m. in the Olympian
High School's Multi-Purpose Room at 1925 Magdalena Avenue, Chula
Vista, CA 91913. While the truancy ordinance is on the agenda for
discussion by the Public Safety Subcommittee, the agenda has not been
posted and can be verified at http://www.hslda.org/elink.asp?id=15543
closer to August 29 date. Please consider whether to testify about the
daytime curfew, especially if it has had a negative impact on your
homeschool schedule.

BACKGROUND

There is no doubt that public school truancy is a significant problem.
But public schools usually already know the names and addresses of
truant minors, and California law already has substantial enforcement
mechanisms in place. There is no legitimate need to have ordinances
that treats every young person on the street during school hours like
a suspected criminal.

HSLDA believes that daytime curfews are unnecessary and un-American.
An ordinance that criminalizes parents and their children for simply
being in a public place is unacceptable. Even though the current and
proposed ordinance includes a long list of exceptions, including
homeschooling, the ordinance gives city police the power to detain and
question any minor in a public place. Police officers frequently
presume that any school-age child is truant, regardless of whether the
child is homeschooled. HSLDA has had to defend numerous California
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 a minor's 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 the 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.
California 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.

Daytime curfews 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. 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.

For more information on daytime curfews, please visit the HSLDA Issues
Library, http://www.hslda.org/elink.asp?id=15544 or view our Strategy
Packet for Defeating Daytime Curfews.
http://www.hslda.org/elink.asp?id=15545

Thank you for standing with us for freedom!

Sincerely yours,

Darren A. Jones
Staff Attorney

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More reasons to join HSLDA...
http://www.hslda.org/elink.asp?id=1108

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