Originally Sent: 8/12/2013

From the HSLDA e-lert service…
Home School Legal Defense Association

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Action Needed to Oppose
Blanco Daytime Curfew

Homeschooling in Texas

Stand up for individual liberty.


Darren Jones
Staff Attorney Darren Jones is a member of HSLDA’s litigation team. He and his wife homeschool.
Read more >>

Dear HSLDA Members and Friends,

The Blanco City Council is considering a daytime curfew for children under 17. We need you to act to oppose this ordinance that undermines the freedom and liberty we enjoy in the United States.

If passed, this curfew will affect the flexibility and freedom of homeschool students to be in public places during school hours. Homeschool children, even those from outside Blanco who are just visiting, could be stopped to verify who they are and that they have a valid excuse to be in a public place.

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

Our volunteer coordinator for opposing the daytime curfew ordinance is Michelle Leake. She can be reached via email at mleake@rocketmail.com or by phone at (830) 833-3087.

You may view the proposed daytime curfew ordinance here.

Action Requested

1) Pray that this attack on freedom will be defeated.

2) Please call homeschoolers and other freedom-loving people 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 stop this un-American curfew.

3) This ordinance will be up for discussion and review at the City Council meeting tomorrow on August 13 at 6:00 p.m. held at the Byars Building (308 Pecan Street) in Blanco. We would encourage freedom-loving people to attend and testify in opposition to the proposed ordinance. There is a time for public comment at the beginning of the meeting. Note: comments are not to exceed three minutes per individual.

Background

Even in ordinances where exceptions for homeschoolers are written into the curfew law, police officers frequently presume that any school-age child is truant, regardless of whether they are homeschooled. HSLDA has had to defend in court numerous homeschoolers around the country 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 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 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, 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 people 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 online.

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

P.S. We greatly value you and your support—it is a privilege to serve you. Thank you for all you do for freedom! If you or someone you know is not a member of HSLDA, will you consider taking a moment today to join or recommend us? Your support enables us to defend individual families threatened by government officials and protect homeschooling freedom for all. Join now >>

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