NCJ Number
161911
Journal
St. John's Law Review Volume: 69 Issue: 1-2 Dated: (Winter-Spring 1995) Pages: 327-363
Date Published
1995
Length
37 pages
Annotation
In the case of Qutb v. Strauss, the U.S. Fifth Circuit upheld a Dallas juvenile curfew law under both U.S. and Texas constitutions but the U.S. District Court later reversed this ruling.
Abstract
In the Qutb v. Strauss case, parents of teenage children residing in Dallas filed suit against the city seeking a temporary restraining order and a permanent injunction against implementation of the juvenile curfew ordinance. Plaintiffs asserted the Dallas juvenile curfew violated their rights under U.S. and Texas constitutions. Apparently to circumvent the lawsuit, Dallas amended the juvenile curfew to incorporate additional defenses and omit certain troublesome provisions. In addition, the Dallas City Council delayed implementation of the curfew. The U.S. Fifth Circuit held the statute was narrowly tailored to implement the State's compelling interest in protecting the welfare of its young citizens and thus outweighed the rights of minors to remain in public places beyond designated hours. The U.S. District Court reversed the Fifth Circuit's decision by ruling the juvenile curfew violated equal protection and first amendment rights of minors. The Qutb v. Strauss case highlights two factors municipalities should consider when drafting a juvenile curfew: (1) attention should focus on defenses to be provided; and (2) juvenile curfews can survive strict scrutiny. Juvenile curfews can control juvenile crime and victimization, but they should not violate the rights of minors. 143 references