Curfew Laws

11.1. Curfew laws based on age should be repealed.

11.2. States should take action to limit curfew laws in townships whose laws are based on directives from state governments.

It is difficult to imagine a more blatant violation of Constitutional rights than the curfew laws which restrict the movements of teens nationwide. The Supreme Court has refused to hear cases questioning such laws, such as the Washington State Supreme Court's 1973 ruling which stated that "mere sauntering or loitering on a public way is lawful and the right of any man, woman, or child." The Bill of Rights, apparently, still is only applicable to those whom the government wishes to enfranchise.

There is no justification to juvenile curfews (which may explain why the Supreme Court did not write an opinion on the matter). Restricting an American's freedom of movement is an obvious trespass over the First Amendment, and to stroll around a park or public square is hardly the "clear and present danger" to the community usually required for such an infringement. USA Today has described the laws as making it "a crime to be young." The American Civil Liberties Union's (ACLU) John Horwarth told the Washington Post that curfew laws infringe on the rights of "all people, including the young, to ... generally move around without interference from authorities unless and until they are actually doing something unlawful." But a city mayor or councilman has no need for such rhetoric. Why worry about the First Amendment when one can claim to be reducing the crime rate, yet affect no voters?