Re: [Off-Topic] "Curfews"

[Duncan Frissell <frissell@panix.com>]

At 07:08 PM 5/31/96 -0700, Timothy C. May wrote:
>(Some purists claim that children are exempted from normal constitutional
>protections, such as the right of free association, the right to be free
>from unwarranted searches and seizures, the right of free speech, etc.

I'm afraid that some courts have explicitly held that "the child does not
have a right to liberty but only a right to custody."  That is old law,
however.  Kids have lost many rights recently too including gun rights, etc.

>So Santa Cruz begins its own fascist crackdown on the free movements of
>persons. The "curfew" begins Saturday night.

Of course curfew laws only control the inarticulate and scruffy.  Well
dressed children (coat and tie for the boys dress or suit for the girls) who
can claim that they are out doing tons of protected things like work and
school and worship and political campaigning and "trying to save street
children for Jesus" will not be picked up.  They can also say things like
"Ossifer, I'm peaceably assembling to petition the government for redress of
grievances.  It's in the First Amendment.  You could read about it and
everything."  

Home schooled children face this problem frequently and can usually find
something to say.  Kids older than 15 or so can claim to be "emancipated
minors."  Parents can emancipate their children by signing a simple
declaration to back up this claim.  A good idea in any case.  You don't want
to be accused of "owning slaves just like Thomas Jefferson."  Parents can
also give their kids blanket notes of permission to be out on the streets.

DCF

"Whose children never got stopped by cops because at 14 they passed for 21.
Clothing and bearing alone can do it."