NCJ Number
152382
Date Published
1994
Length
27 pages
Annotation
The U.S. Court of Appeals for the Fifth Circuit upheld the constitutionality of a juvenile curfew ordinance enacted by the City of Dallas.
Abstract
The Dallas curfew ordinance, enacted in 1991, prohibits persons under 17 years of age from remaining or being in public places between 11 p.m. and 6 a.m., Sunday through Thursday, and between 12 and 6 a.m., Friday and Saturday. The curfew ordinance defines a public place as anywhere the public has access and includes streets, highways, common school areas, hospitals, apartment houses, office buildings, transport facilities, and shops. A minor violates the curfew ordinance if he or she remains in a public place during curfew hours and if the minor's activities are not excepted from coverage. Parents are in violation of the curfew ordinance if they knowingly permit a minor to remain in a public place during curfew hours. In a lawsuit filed by the American Civil Liberties Union, plaintiffs contended that the curfew ordinance violated the equal protection clause of the 14th amendment, the right of association, and the right of privacy. The district court ruled that the ordinance was unconstitutional. After the City of Dallas appealed, the U.S. Circuit Court reversed the district court's decision. Recognizing the precedent set by the U.S. Circuit Court ruling to uphold the curfew ordinance, the following guidelines are offered for drafting such ordinances in other jurisdictions: use the Dallas ordinance as a model, compile statistical information to establish a compelling need for a curfew ordinance, and ensure an ordinance is narowly written to accomplish its stated objective. Excerpts from the Federal Register on the constitutionality of juvenile curfews are included.