TUSTIN : City Takes Interest in Curfew Challenge
Concerned that a lawsuit pending before the California Supreme Court could affect Tustin’s curfew ordinance, city officials this week declared an interest in the case.
That means the city will alert the court “that there are other parties who have a stake in the outcome,” said Lois E. Jeffrey, city attorney.
She said the case, selected by the state court for review, challenges the constitutionality of a Bakersfield curfew law that is “substantially similar” to Tustin’s.
Under the Tustin ordinance, minors cannot be in most public places from 11 p.m. to 5 a.m., with some exceptions, unless accompanied by a parent or guardian, Jeffrey said.
In the Bakersfield case, People vs. Daniel W., a youth arrested for curfew violation, argued that he should be acquitted because the ordinance was vague, unreasonably restrictive and violated his rights of due process.
A lower court and the state Court of Appeal upheld Bakersfield’s position in the case, which was selected in August for review by the Supreme Court, Jeffrey said.
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