Fundamental First Amendment principles are involved. Charlottesville officials need to show a compelling reason, such as the health and safety of its residents, before a curfew could be constitutionally defensible, he said. While Charlottesville officials are in the middle of heated controversy over the issue, this is not the first time city officials have run into problems trying to implement a curfew. When Washington, D.C. tried to justify its curfew by pointing to high rates of juvenile crime last year, the curfew was ruled unconstitutional, despite the city's inordinately high level of crime, Willis said. The teen crime rate in Charlottesville is miniscule.
Some city officials say there is more at issue than Constitutional rights.
The current curfew ordinance lists eight reasons juveniles can be on the streets after midnight. One clause addresses the protection of minors' First Amendment rights. Virginia ACLU Legal Director Mary Bauer said this protection does not go far enough. You may not reproduce the contents of this paper in any shape or form without the express written consent of The Cavalier Daily .