This story today in the Gary Post-Tribune (available only today) surveys the use of the curfew in northwest Indiana. Some quotes:
Curfew enforcement in Indiana has ranged from non-existent to spotty this year.Access an earlier Indiana Law Blog entry here.In January, a federal appeals court said Indiana’s curfew law was unconstitutional and could not be enforced legally. The Indiana General Assembly passed a new curfew law in March.
St. John used that as a pattern for its revised ordinance, which has more restrictive hours than the state law. * * *
The Dyer Town Council * * * will vote Wednesday night on a similar ordinance. * * * However, the Schererville Town Council hasn’t considered, or passed, a new curfew ordinance yet.
Crown Point, Hobart and Merrillville haven’t passed new curfew ordinances yet either, but they’re taking slightly different tacks. Hobart and Merrillville police will use the state law instead of their old ordinances, while Crown Point police will enforce the city’s existing ordinance. * * *
Police will talk to youths before arresting them and see if they have a legal reason to be out of the house late at night * * *.
The new state law spells out what those reasons are in more detail than the former law. They include returning from a job, a church or school event or a political rally.
But the Indiana Civil Liberties Union believes the curfew law still is unconstitutional because it doesn’t say parents can give their children permission to stay out late.
[Update 6/18/04] The LaPorte County Herald-Argus reports today: "Michigan City curfew crackdown." Some quotes:
The Michigan City Council didn’t waste time in getting a curfew ordinance back on the books. The council suspended procedural rules and unanimously passed an amended curfew ordinance on three readings Tuesday night, rather than the customary practice of adopting an ordinance over two meetings’ time.Posted by Marcia Oddi at June 14, 2004 11:11 AMAfter the Indiana General Assembly again revised the state law on curfew earlier this year, City Attorney Larry Allen drafted an ordinance that copies the state law. Councilwoman Virginia Martin made a motion for it to pass Tuesday rather than wait until next month for adoption. “The police can enforce it and no one’s rights will be violated,” she said.
In January, the 7th Circuit Court of Appeals ruled Indiana's curfew law unconstitutional because it prevented minors from exercising freedoms of speech and religion. It was the second time in less than four years that a court had thrown out the state curfew law. That sent state lawmakers scrambling to draft a new curfew law that requires police officers to talk to minors out past curfew to see if they had a legitimate reason.
A newly passed curfew ordinance is welcome news to Michigan City Assistant Police Chief Steve Jesse. * * * Michigan City Police have issued 95 curfew tickets in 2002, 80 in 2003 and nine so far this year. The numbers at LaPorte City Police are 16 in 2002, 46 in 2003 and three this year. “If the situation dictates and they are out past curfew, it’s likely they’ll be arrested for that charge. To have a 14- or 15-year-old out at 1 a.m. is silly,” Jesse said. And being out late at night can sometimes lead to criminal behavior, he said.