24 Hour Curfews in the U.S. — Say it isn’t so!
But it is.
Excuse me but there is thing called the 1st amendment that guarantees a right to peaceably assemble.
Oh heck. I’ll let the A.C.L.U explain it.
This order is blatantly unconstitutional on numerous grounds. First, such curfews have never been allowed under the laws of the United States, barring riot, insurrection, or natural disaster. Not one case has ever allowed for the imposition of searches, seizures, and house arrest against innocent citizens because of the high crime rate in a particular city. See, e.g. American Civil Liberties Union of West Tennessee, Inc. v. Chandler, 458 F.Supp. 456 (W.D. Tenn. 1978). In fact, “state of emergency” curfews imposed upon youth aimed at addressing youth crime have been declared unconstitutional. Ramos v. Town of Vernon, 353 F.3d 171 (2d Cir. 2003); Nunez v. City of San Diego, 114 F.3d 935 (9th Cir. 1997); Hutchins v. District of Columbia, 942 F.Supp. 665 (D.D.C. 1996); Walters v. Barry, 711 F.Supp. 1125 (D.D.C. 1989); McCollester v. City of Keene, 586 F.Supp. 1381 (D.N.H. 1984); Johnson v. City of Opelousas, 658 F.2d 1065 (5th Cir. 1981); Naprstek v. City of Norwich, 545 F.2d 815, 818 (2d Cir. 1976); State v. J.P., 907 So.2s 1101 (Fla. 2004); City of Sumner v. Walsh, 148 Wn.2d 490 (2003).
Second, requiring adult residents of the city to be on house arrest violates these individuals’ rights to travel and association, as guaranteed by the United States Constitution. Third, the very language of the Order violates the Fourth Amendment to the United States Constitution, in that, in effect, it proclaims that the Fourth Amendment is waived for all persons, including those suspected of no criminal activity. The warrant requirement of the Fourth Amendment is in place specifically to prohibit these kinds of sweeping searches. Law enforcement, even in areas where there are higher crime rates, is not a sufficient basis upon which to place people on house arrest, or set aside the Fourth Amendment.
Unfortunately Mayors and other government officials who act illegally like this don’t face any real sanctions even at election time. I think We as a people need better tools to reign in this kind of unconstitutional bad behavior. As our usual injunctive remedies (court cases) just don’t deter it and our done is done, can’t sue city hall approach is simply not effective.
I don’t know what we can do in the long run but in the short run we can make sure our elected and appointed officials have a clear understanding of our Constitution, uphold their oaths to defend it and of course support the A.C.L.U.