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Monday, April 23, 2007
Ind. Law "Gary Curfew law on solid ground, council says"; ICLU approval
Jon Seidel of the Gary Post-Tribune reported last Friday:
GARY -- With no challenges to state law on the horizon, a curfew ordinance passed Tuesday by the City Council seems to be on solid legal ground.Here is a list of earlier ILB entries on curfew laws and ordinances.The ordinance, which builds upon state law, sets a curfew of 10 p.m. on weeknights and midnight on weekends for kids under 18.
It will go into effect as soon as it's signed by Mayor Rudy Clay.
It doesn't apply to anyone who is accompanied by a parent or guardian, or anyone going to work, school, sporting or religious events. * * *
Ken Falk, legal director of the Indiana Civil Liberties Union, said Thursday that he sees no problem with Indiana's curfew law as it is written.
The ICLU already led two successful efforts to strike down Indiana's curfew law. It was struck down the first time, Falk said, because of First Amendment violations.
If a child wanted to protest a death penalty case at midnight, Falk said as an example, it would have been a violation of the curfew law.
The second time, Falk said, the law had not left proper room for parental exemptions.
"Parents have a fundamental right to engage in the raising of their children," Falk said.
Indiana's law was amended in 2006, and Falk said no more challenges are being prepared by the ICLU.
"It's our estimation that the current state curfew law is constitutional," Falk said.
Posted by Marcia Oddi on April 23, 2007 08:07 AM
Posted to Indiana Law