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March 26, 2003
Harrahill v. City of Monrovia
Constitutionality of daytime curfew questioned
Filed: April 28, 1997, Los Angeles County.
Nature of Case: Five families challenged the constitutionality of the city's daytime curfew ordinance and obtained a ruling in their favor on January 27, 1999. The curfew makes it unlawful for any person under the age of eighteen to be anywhere other than in a school building or the child's house from 8:30 a.m. to 1:30 p.m. on days when school is in session. The five minor plaintiffs have been stopped for interrogation by Monrovia police at least 26 times, only to be released following proof that they had permission from their school for the particular errand or activity.
Rulings:
1-27-99Los Angeles County Superior Court judge Carolyn Kuhl ruled that the Monrovia, California, daytime curfew ordinance contradicted state law and was, therefore, unconstitutional. The city of Monrovia appealed and the California Court of Appeals reversed the trial court and remanded the case back to the trial court for a ruling on the amended daytime curfew ordinance. Because the amended ordinance was in effect at the time the trial judge entered a judgment against the original ordinance, the amended ordinance should have been ruled upon.
12-20-00A Los Angeles Superior Court Judge upheld Monrovia, California's daytime curfew by finding it to be a curfew, not a truancy ordinance.
12-20-02The California Appeals Court upheld the decision of the Superior Court.
3-19-03The California Supreme Court denied review.
Status: While HSLDA has exhausted its remedies in this particular case, we are considering other ways to challenge this ordinance and similar curfews around the state.
Last Updated: March 26, 2003
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