City Council Revising Juvenile Curfew Ordinance
The Downey City Council, which is in the process of updating its juvenile curfew ordinance to meet possible challenges on constitutional grounds, debated ways to avoid violating guarantees to the right of assembly.
Elements of Downey’s ordinance are similar to one in San Diego that was ruled unconstitutional by the U.S. 9th Circuit Court of Appeals in June.
Downey Police Lt. Roy Campos said the curfew from 10 p.m. to 6 a.m. was necessary.
“The city must do all we can to prevent minors from being involved in criminal activity or being victims,” Campos said.
One of the defenses against prosecution for curfew violation in the proposed ordinance is the exercise of 1st Amendment rights “such as the freedom of speech and the right of assembly.”
“Talking to your buddies at In-N-Out Burgers does not constitute freedom of speech or assembly,” said City Atty. Charles Vose.
Bruce McKenzie, a resident, was unconvinced: “If two kids at In-N-Out are sitting and talking peacefully, how does that differ from assembly?” he asked.
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