Court restores juvenile curfew in Pinellas Park

The American Civil Liberties Union promises to appeal the decision to the Florida Supreme Court.

By ANNE LINDBERG

© St. Petersburg Times, published May 18, 2000

PINELLAS PARK -- An appeals court reinstated Pinellas Park's juvenile curfew Wednesday, saying it did not unconstitutionally interfere with parents' rights to raise their children.

The city's interest in curbing juvenile crime outweighs any right parents may have to let their children be away from home late at night, the 2nd District Court of Appeal ruled. The need to keep down juvenile crime also outweighs any right children may have to be outside at night, even if they are obeying all other laws.

The decision opens the way for Pinellas Park to again enforce the curfew, which generally forbids any youth younger than 18 from being in public without an adult from 11 p.m. to 6 a.m. on weekdays and from midnight to 6 a.m. on weekends and holidays.

Enforcement could begin within 30 days, said Pinellas Park City Manager Jerry Mudd.

City officials rejoiced over the majority decision.

"Hallelujah!" exulted Mayor Bill Mischler. "That's some of the best news I've heard today."

Police Chief David Milchan also was happy.

"As soon as we can enforce it we're going to enforce it," Milchan said. "I felt right along it's a good ordinance. It makes a lot of sense. It respects people's rights."

The legal battle will continue. The American Civil Liberties Union plans to appeal the 2-1 decision.

"It's our position that because fundamental rights are involved, the city fails to show why these restrictions should be imposed, and therefore it's unconstitutional," said Bruce Howie, the ACLU attorney. "It is my intent to file a notice for review by the Florida Supreme Court."

Howie represents one of three youths who challenged the constitutionality of the ordinance. His client is now too old to worry about juvenile curfews, but she still may be prosecuted if the appeals fail.

The other two youths are represented by Dudley Clapp of the Pinellas County Public Defender's Office. Clapp could not be reached for comment.

Pinellas Park appealed the case after Pinellas-Pasco Circuit Judge Peter Ramsberger declared the ordinance unconstitutional in September 1998. Ramsberger said the curfew interfered with parents' rights to raise their children without too much governmental intrusion.

That decision effectively wiped the ordinance off the books. Wednesday's decision restored it.

"We disagree with the trial court's conclusion that the city unconstitutionally interfered with a parent's decision to allow his or her child to be unescorted in public areas late at night without supervision," 2nd District Court of Appeal Judge Charles Davis wrote in the majority opinion released Wednesday.

"There are instances where the public interest may require the regulation or prohibition of innocent acts, such as limiting a juvenile's freedom of movement without supervision at night . . . in order to enforce the law against evil acts," Davis wrote.

He added, "Keeping unsupervised juveniles off the public streets in the late hours of the night is directly related to curbing juvenile crime and protecting young people from becoming crime victims."

Stevan Northcutt, the appeals court judge who dissented, supported parents letting their children come and go without governmental restrictions.

"The ordinance intrudes upon the right to make parental decisions without government influence, a fundamental right in itself under the federal and Florida constitutions, and an aspect of Florida's explicit right of privacy," Northcutt wrote in his dissent.

While Pinellas Park's curfew was quickly attacked in court, other cities with curfews like Pinellas Park's were able to keep enforcing them. That especially irked Pinellas Park officials.

"They were never challenged and they've been imposing theirs right along," Mischler, the Pinellas Park mayor, said. "That seemed very strange that they never challenged theirs."

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