In a letter to the city, the attorney for the Youth Rights Group takes the time to provide a quick, First Amendment lesson to a City Council that is supposed to understand their ultimate charter for existence.

“The ordinance contains the following exception, ‘Attending or traveling directly to or from an activity that involves the exercise of rights protected under the First Amendment of the United States Constitution.’ These rights include freedom of speech, freedom of religion and freedom of association. ”These [First Amendment] rights are implicated in any type of activity one can imagine in the downtown area, since minors in the curfew area will engage in speech and seek to associate with whomever they choose.”

The Youth Rights Group posted all legal documents related to the case, providing a helpful guide on how to sue a city council for repeal of a curfew. The documents include letters to the city, court papers, and press releases.

Courts across the country have struck down city curfews for violating the first amendment rights of teenagers. Most city councils respond by passing a new law including a first amendment exception. The laws acknowledge the First Amendment, but the city continues to arrest people for peaceably assembling or speaking (to their friends). This Palm Beach court case represents an important and long-overdue counter attack.

Had the authors of the Constitution used shorter sentences and bullet points, there might not be as much confusion about the amendments. For example, the U.S. federal government and many state governments have used the 18th century wording of the second amendment to remove the right of people to arm themselves against their government by claiming the right to bear arms only applies to members of a state-government militia.  The text is as follows, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” In an action sure to have English teachers bear arms, legislatures and their courts (separation of powers is a myth) have used the introductory clause, “a well regulated militia,” to nullify the amendment’s main clause, “the right of the people to keep and bear Arms, shall not be infringed.”

Consider this sentence, “A person may play a violin and attend a concert.” This does not mean a person may play a violin only while attending a concert. The “and” in the sentence merely allows the phrase “A person” to modify “play a violin” and “attend a concert.”A person may play a violin and a person may attend a concert.

Local legislatures need another English lesson about the First Amendment.  The First Amendment reads,

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Let’s focus on the last portion: “the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” This means people have the right to peaceably assemble and to petition the Government for redress of grievances. They do not have to do both at the same time. If they did, then a single person would not be able to petition the government in writing–a person would have to assemble first, then petition the government. Similarly, a person does not need to petition the government in order to peaceably assemble. A person may peaceably assemble simply because the person wants to assemble. The First Amendment was written to prevent governments from doing exactly what they are doing to teenagers: imposing martial law and keeping them in their homes.

Fast forwarding two hundred plus years, let’s adopt contemporary vernacular to the First Amendment: people (including teenagers) have the right to stand anywhere on public land at any time. In short, they may peaceably assemble. They don’t need to protest the government. They can talk about movies, music, or anything else on their minds. They can also remain silent and just hang out and enjoy a warm night in Palm Beach.

Take Action! Sue your city over your local curfew law. Find a local lawyer who sued the your city or state government and see if the lawyer will take your case. The Florida activists found an attorney who successfully helped overturn a law barring feeding the homeless in city parks. Try contacting civil liberties law firms such as the Institute for Justice and the ACLU. Lawyers may be more inclined to take the case since they can reference the Florida case documents.

More Info

• Florida case documents
• Related article and video
• National Youth Rights Association of Southeast Florida
• National Youth Right Association

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me and one of my more intelegent teachers got into a discussion about it right in the middle of class, and although he really wasent supportive of the stickers content, (being that it suggest someone plead innocent instead of contesting the law via a different plea, kind of like saying “I sorta broke the law, but im not pleading guilty because the law is unconstitutional.” some more information about this on lib-rock would be really good.) but he was generally agreeable that what i was doing was a good thing in general, however i should do it right, and I quote: “go within the legal system instead of going around it, trying to negate any law you want by just ignoring it. thats like protesting murder laws by killing people.” honestly, now that i think about it, i should have reminded him that not being able to vote or hold office basically barracades me from going within the system, and that all im really trying to do now is inform people as to there rights. anyways, keep up the good work, and dont hesitate to send me more stickers, those suckers arent too cheap to make.. and im gonna run out soon. =)

Dylan S.
Gladstone, OR

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“There were tons of people who drove by and honked in support (or hung out of their cars and screamed their support!).

We also passed out our new brochure with our website, email, and new voice mail number (The LibertarianRock.com site is also listed).

We were directly across the street from Orange County’s juvenile detention center, so cops were constantly driving by. We gave them an extra cheer and friendly wave (we were polite because we wanted to prove we don’t need a curfew). Also, security guards from the mall cruised by on their intimidating bicycles twice but did nothing because we were on taxpayer funded sidewalks.

This was our first protest and we had 10 to 12 people with us. Everyone had fun and swapped stories of curfew arrests and the conformity police. Plus we talked about our next protest–in Huntington Beach, which is known far and wide for their Nazi-esque curfew enforcement. We will be there AFTER 10pm with cop-kryptonite (stickers from LibertarianRock.com!). Stay tuned for details.”

See photos from the protest

(11/23/99) – The protest will take place on November 26th, the day after Thanksgiving (the busiest shopping day of the year) at the Block in Orange at 4:30pm (we hope to be on the 6pm news). We will be right outside the entrance on the public sidewalk near Vans skate park right across from Juvenille Hall (how ironic. We planned it that way!).

We also need to make signs. If you can join us for a sign making party this week let me know right away. Let me know if you can help on Monay night, Tuesday night, or Friday morning in Costa Mesa. Feel free to call me, Doug Scribner, at (949) 515-8101 or by email and I’ll send you directions.

(11/17/99) – Thanks for announcing our rumored curfew protest. It is indeed being planned for the 26th of November (the day after Thanksgiving, busiest shopping day of the year!). We are keeping the exact location secret until the last minute.

It will be held at 4:30 pm to get on the 6 o’clock news. Will it go on until after the 10 o’clock curfew? It depends on the turnout and the will of the participants.

The stickers you sent will be GREAT ammunition against ignorant cops who will be sure to be harassing us if we’re there past 10pm.

The location is still a secret but will be revealed on the new web site of the Liberty Youth Coalition.

This is probably the best time to introduce all the Libertarian Rockstars out there to the Liberty Youth Coalition, an organization inspired by Libertarian Rock!

It all started in an all girl, Catholic school (really!) when Libertarian gubernatorial candidate Steve Kubby spoke about his race and medical marijuana. That was all it took for Amber Tsujioka and Kamie Kovacks to want to get involved with fighting for the rights of the youth! Read Amber’s article at our new web site (thanks to Geoff Olsen for being web master and a totally bomb ass activist who blankets Orange County with flyers about the curfew protest).

Our motto is “youth is not a crime” which nicely compliments Libertarian Rock’s “hanging out is not a crime”. Another motto we have to put mom and dad at ease is “Parents, not Politicians”.

In the future we hope to do more then just protest curfews, but also host raves and other parties to spread the word that Youth is NOT a Crime! –

Doug Scribner
Vice Chairman
Libertarian Party of Orange County, California

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Superior Court Judge Chesley N. McKay released a preliminary ruling that Palmdale’s curfew is unconstitutional. The statute was challenged by Los Angeles County Public Defender Barrera arguing on behalf of a 14 year old boy.

The ordinance states: “It is unlawful for any minor under the age of 18 years to loiter, idle, wander, stroll, or aimlessly drive or ride about, in, or upon any public street, avenue, highway, road, curb area, alley, park, playground or other public ground, public place or public building, place of amusement or eating place, vacant lot or unsupervised place between the hours of 10 p.m. on any day and sunrise of the immediately following day.”

Barrera argued that the words “loiter, idle, wander, stroll or aimlessly drive” are unconstitutionally vague. “The ordinance also infringes on freedom of speech and freedom of association,” he wrote.

Judge McKay’s finding was based on a decision by the 9th Circuit Court of Appeals that ruled a similarly worded San Diego curfew unconstitutional.

The final ruling was delayed until Nov 29 to allow the prosecution additional time for research into decisions by other courts since the San Diego ruling. In the meantime, Palmdale officials can still enforce the curfew.

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The Sioux Falls police now routinely arrests teens breaking the 11 p.m. curfew law. They are brought to the Minnehaha County Juvenile Detention Center and strip searched for weapons and illegal paraphernalia.

After the strip search, teenagers are asked a long series of intrusive questions including religious affiliation, church attendance, pregnancy, and history of sexually transmitted diseases. The police claim this information is for statistical purposes but would they do with the statistics? If they find teenagers who attend church, temple, or synagogue are less likely to commit an offense, will they require everyone under 18 to attend weekly services? Even questioning teenagers on these matters is absurd. Whether or not a teenager attends religious services or has a sexual history is the business of that teenager and his or her parents.

After the Sioux Falls police staff has finished with the intake interview, the teenager’s parents are called for the first time. Since the process of reaching the teenager’s parents can take hours curfew offenders must remain in custody and during that time they must endure a strip-search.

In most situations, it is legal to strip-search people who are brought into custody since police must protect the security of other people at the detention facility. Despite its legality, local residents have demanded an investigation. Since they obviously feel that strip-searches are inappropriate for curfew offenders, they may eventually realize that curfew laws are inappropriate for teenagers.

Formerly, the curfew policy required officers to issue $80 tickets to offending teenagers and hold them until their parents could be contacted. Three years ago, the policy was changed to transport all teenagers to the detention center. The reason behind this change was because it was more time-effective for officers. It would be even more time-effective to shoot every suspect and not bother with a trial.

Officers should spend their shifts on the street, responding to calls and disturbances, as curfew proponents argue. However, it would be far more sensible if police did not spend their time worrying about teenagers out past 11 p.m. since most teenagers on the street do not create a disturbance. If they do, then neighbors will surely complain, police will respond, and the teenagers will be disbursed or arrested depending on the severity of the disturbance. However, if teens are just out with friends enjoying themselves, where is the problem?

If a teenager’s parents trust him or her enough to permit them to be out late, why do cities politicians believe that they should impose a blanket curfew on all minors? Ultimately, a minor is his or her parents’ responsibility. If that parent, who has known that teenager their entire life, believes them to be mature and responsible to make wise decisions out late at night, why does the law want to undermine this parental right?

If all minors have to be inside at 11 p.m., what happens when a teenager turns 18? Are they suddenly prepared to roam the streets at all hours of the night? Are they magically granted wisdom and maturity? The only way to gain wisdom and maturity is to be permitted to exercise it.

Curfews are actually not about maturity or safety. The government simply does not think that citizens should have the right to socialize at night. And if not for the Bill of Rights, curfews would also apply to parents of teenagers.

The curfew itself is unjust and ridiculous. Does the policy of arresting, handcuffing, strip searching, and invasively questioning curfew violators teach them a lesson? It certainly does, and that lesson is that the system doesn’t work. And that is a frightening civics lesson.

Teenagers, whose only crime is peaceably assembling, are treated like criminals. This hardly sounds like justice.

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(9/21/99) David Grossman, the organizer of the protest wrote, “A website has been set up. It is located at www.kqrg.com/curfew. There is no sponsering organization, I’m basically doing this singlehandely, with help from various professional and personal friends.

My basic idea is to have various speakers, hopefully at least one from the ACLU, and also testimonials from various young people, and others. I’m hoping for a megaphone, and I’ll see what I can find in way of a makeshift stage. Any suggestions or ideas would be welcome.”

Press Release
Effective on September 9th, the government of Washington DC has instituted a citywide curfew for ALL people under the age of 17. They are forbidden to be outside of their homes after 11pm on weeknights, and midnight on Friday and Saturday evening. There are a few limited exceptions to this law, but the premise of the law remains the same; young people are not equal in the eye of basic human rights. In the words of the late Dr. Martin Luther King, “Injustice anywhere is a threat to justice everywhere.”

The rationale behind this curfew is that it will curtail youth crime, but there is no evidence from numerous studies in other cities that this is the case.

The first of several protests will take place on Thursday, September 30th, from 10:30pm to midnight in Dupont Circle Park (19th and P St. NW). For those who are under 17, you have a constitutional right to peaceful protest, and you are more than welcome to attend.

An organization meeting for the first protest will be held at SoHo Coffee and Tea at 22nd and P St. NW, at 7:30pm. All people interested in the cause are welcome to attend.

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A group that has so long been ignored must now take the foreground in the seemingly endless struggle for equality; that group is children. But as Rosa Parks and her single act of defiance so deftly proves, it is simple acts that will win this war. The first battle will attack curfew restrictions. Laws that are in place in most cities. Laws that jail children in their own homes. And violate their most basic rights.

A curfew on the minors of America is ineffective and unconstitutional. Curfew laws are ineffective in both preventing crime and utilizing police resources. Officer Tom Dwyer a sergeant in the Sacramento police department believes otherwise, “It is an effective crime prevention tool.” But if in fact curfews are effective crime fighting tools why then are they not in place on all age groups. The only logical conclusion one could draw from this type of blatant prejudice is that it is only minors who commit crimes.

Obviously minors are not the only age group committing crimes. Officer Dwyer’s opinion is not shared by all those employed in Law enforcement, especially not by Bernard C. Parks who is the police chief of the entire Los Angeles area, in a statement to the LA board of safety Parks said, “Curfews have not greatly impacted the number of violent crimes or the people who become victims of crimes.” The reality is that curfew laws are not based on any justifiable law enforcement technique but instead they unfairly single out a particular age group because of a perennial stereotype against children and adolescence in general.

Not only are curfew laws ineffective but they are also unconstitutional. In our society heavy consideration is placed on the rights of the individual. The question is do these same rights apply to the youth of our society. In order to determine this, one must look to the backbone of our government, the constitution.

The 14th amendment reads, “All persons born or naturalized in the u.s. and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law, which shall abridge the privileges or immunities of citizens in the United States. Nor shall any state deprive a person of life liberty or the pursuit of happiness. Nor deny to any person within its jurisdiction equal protection of the laws.”

The 14th Amendment clearly defines anyone born in the United States a citizen. Meaning that being under the age of 18 does not bar individuals rights as written in the constitution. One does not have to sit on the Supreme Court to understand that literally holding a person in their own home against their will is a violation of all the ideals that make our country great.

Curfew laws further violate the 14th Amendment by not granting equal protection of all laws. The 14th amendment was originally written in 1866 so that states could not pass laws that affect some citizens and not others. Such as laws forbidding blacks to enter public schools or dine in certain restaurants.

Curfew laws are reminiscent of these dark days in our country, days that were filled with hate and injustice. Prohibiting the rights of minors is taking a giant step backwards in equality and liberty and at the same time doing little to nothing in the fight against crime.

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The sticker art originally appeared on “Ban the Curfew” cards that were distributed to promote the referendum. The back of the cards listed, “7 Things You Can Do To Repeal The Curfew.” The suggested actions included writing a letter to the editor of a newspaper, writing an Alaskan politician, and circulating the petition, which was used to get the referendum on the ballot.

Scott Kohlhaas, who gathered most of the signatures for the referendum, continues to prod the ACLU to send out letters to cities and boroughs telling them that their curfews are unconstitutional and that they are vulnerable to a lawsuit.

Fort Yukon, a city of 600 people, repealed their curfew after receiving a threatening letter last April from the ACLU. Kodiak and Bethel, two other Alaskan towns, plan to enter into negotiations with the ACLU as well.

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