Court Rejects Challenge to Curfew
By RICHARD CARELLI Associated Press Writer
Monday March 22 10:14 AM ET

WASHINGTON (AP) - The Supreme Court today rejected a challenge to a Charlottesville, Va., curfew, similar to those adopted by many American communities but called unconstitutional by some teen-agers and their parents.

The justices, without comment, let stand a ruling that said the city's curfew for minors is a valid tactic aimed at "reducing juvenile violence and crime."

Today's action was not a decision, set no national precedent and did not preclude the possibility that the court someday may review how far communities can go in imposing curfews. But today's denial of review could encourage other communities to adopt similar ordinances.

Charlottesville has about 41,000 residents. The city council in 1996 voted to impose curfew hours - midnight to 5 a.m. weekdays and 1 to 5 a.m. on Saturdays and Sundays - for anyone under 17.

The curfew, which took effect in early 1997, contains exceptions for minors accompanied by a parent or on an errand for a parent and in possession of an explanatory note, or attending various school, religious or civic activities.

Exceptions also exist for minors working or commuting to or from work during those hours, or for minors "exercising First Amendment rights...such as the free exercise of religion, freedom of speech and the right of assembly."

A group of teen-agers and their parents sued, contending that the curfew violated their rights. They said it "deprives parents of their historically fundamental right to direct the rearing of their children" and "unjustifiably discriminates against minors in matters of fundamental freedoms."

Their lawsuit also said the curfew was unnecessary because the city's juvenile crime, far from epidemic, had dropped in 1996.

A federal trial judge allowed the curfew, and a three-judge panel of the 4th U.S. Circuit Court of Appeals upheld that ruling by a 2-1 vote last October. "Charlottesville was constitutionally justified in believing that its curfew would materially assist its first stated interest - that of reducing juvenile violence and crime," the appeals court ruled.

It also said the curfew serves to protect children and supports parental efforts to discipline their children.

But the appeal acted on today argued, "Youthful citizens of Charlottesville are being daily deprived of ... fundamental liberties to come and go without having to show a pass." It added: "Parents of minors are also being deprived of their parental liberties, the city usurping part of their function by fiat."

In response, city officials urged the nation's highest court to reject the appeal. They called the curfew "a reasonable, constitutional exercise of the city's authority to enact legislation to protect the welfare and safety of children."

The justices last confronted the issue in 1994, when they turned away a challenge to a Dallas curfew.

Most curfews for minors have been upheld in state and federal courts, but there have been exceptions. Curfews in San Diego, Allentown, Pa., and the District of Columbia are among those struck down when challenged.

Charlottesville officials told the justices that those curfews did not provide all the exceptions contained in their city ordinance.

The case is Schleifer vs. Charlottesville, 98-1146.