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Diebytheflyguy

Florida Court Finds Curfew Unconstitutional.

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TALLAHASSEE, FL (AP) -- Curfews that impose criminal penalties on minors who may have perfectly good and innocent reasons to be out at night go too far, the state Supreme Court said Thursday, striking ordinances in Tampa and Pinellas Park.

Florida's high court ruled the ordinances unconstitutional in a 4-3 decision.

Since the fundamental right of privacy and free movement is involved, courts must closely scrutinize the justification and scope of the ordinances, Justice Peggy Quince wrote for the

majority. "To withstand strict scrutiny, a law must be necessary to promote a compelling governmental interest and must be narrowly

tailored to advance that interest," Quince wrote.

The goal of protecting minors from harm as well as the public from minors does qualify as a "compelling interest," the court concluded.

But the scope of the ordinances is just too wide, according to the majority. "The broad coverage of both curfews includes otherwise innocent and legal conduct by minors even where they have the permission of their parents," Quince wrote.

The criminal penalties included in the ordinances are "possibly the most troubling aspect," Quince wrote.

Minors who violate the ordinances could be found delinquent and sentenced to a juvenile program for up to 6 months. Quince contrasted that with a model curfew ordinance suggested by state

lawmakers which includes only a civil fine.

The ordinances banned minors from being on the streets, except for approved activities, between 11 p.m. and 6 a.m. on weekdays or after midnight on weekends. The Tampa ordinance applied to anyone 16 or younger; the one in Pinellas Park also covered 17-year-olds. Full Story!

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What are these kids doing out at that time of night anyway? I wouldn't mind seeing something like that past where I live. There are gangs of kids running around late at night assaulting people and breaking into cars. It's sad that the parents aren't there for them, but if they're not going to be what are we supposed to do?

I had a job at sixteen and I didn't get off until 11. Believe me, if I hadn't been home fifteen minutes after that my parents came looking for me. I'd better have a good excuse too.

In the dark, if someone is breaking into your house it's very hard to tell if they're adults or not. They're taking their life in their own hand in my opinion.

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We have a curfew in my town similar to the one in the article. It does not seem to be working very well because it is not enforced. The only time kids are charged with curfew violation is when they have already committed a crime like trespassing, theft or vandalism. If parent would set rules for their own kids then enforce them we would not need city-wide curfews at all.

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sack curfews now that really is 1984 style , i mean my life woulda been ruined if i was 15 and a curfew was introduced.

That really IS a breach of human rights.

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i dont think we have a curfew here, but then again the cops dont want kids under 18 to stay out to late on the streets. they just send them home. or take them if they are being resistant. not much to do between 3 am to 6 am really. unless its a saturday night. but the clubs close at 3 am anyways. laugh.gif

but i dont agree with curfews anyways. except the ones mom pins on me, then i got to follow them tongue.gif

Edited by Dancing_Dumplings

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yeah there is dancin dumplins.

You can play chappie.

do DT's (danger trails)

and the like.

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