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Children and Juvenile Law, Keyed to Feld, 6th Ed.
Qutb v. Bartlett
Citation:
11 F.3d 488 (1993)Facts
In 1991, the Dallas City Council enacted a juvenile curfew ordinance in response to citizens’ demands for protection of the city’s youth. The ordinance prohibited persons under seventeen from remaining in public places or establishments during certain nighttime hours (11 p.m. to 6 a.m. on weeknights and midnight to 6 a.m. on weekends). The ordinance contained numerous exceptions, including when minors were accompanied by parents or guardians, on errands for parents, traveling interstate, engaged in employment, involved in emergencies, on the sidewalk in front of their homes, attending school/religious/civic functions, or exercising First Amendment rights. Police officers were required to inquire about the apparent offender’s age and reason for being in public before taking enforcement action. The city presented statistical evidence showing increases in juvenile crime, with specific data about crimes most likely to occur during nighttime hours. Parents and minors challenged the ordinance, arguing it violated their constitutional rights, including equal protection, freedom of association, and parental rights to raise their children without governmental interference.
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