HomeMy WebLinkAbout10 AMICUS BRIEF 12-04-95 LAN', OFFICES OF
ROURKE, WOODRUFF & SPiC~XDLIN
MEMORANDUM
NO. 10
12-4-95
TO:
Honorable Mayor and Members of the City Council
City of Tustin
FROM: City Attorney
DATE'
RE:
November 28, 1995
Joinder in Amicus Brief; People v. Daniel W.
RECOMMENDATION' Pleasure of the City Council
DISCUSSION:
This case has been selected for review by the California Supreme Court. It involves
the constitutionality of a City's curfew ordinance. The challenged ordinance is substantially
similar to the one adopted by the City of Tustin. See TCC Section 6102. In this case a
youth arrested for violating the curfew ordinance argued that he should be acquitted
because of alleged defects in the way the ordinance was written. The youth maintained
that the ordinance was vague, unreasonably restrictive, and violated his rights to due
process under the federal and state constitutions. The Legal Advocacy Committee of the
League of California Cities urges cities to join in an amicus brief that will support the City's
ordinance.
The Court of Appeal disagreed with Daniel W's complaints. It found that the ordinance
gave fair notice of what conduct was forbidden, and therefore, was not unconstitutionally ..
vague; the court also determined that the ordinance gave sufficient guidance to law
enforcement and did not allow police too much discretion. People v. Daniel W., 34 Cal. Alp.
4th 1792, 1995; review granted (August 17, 1995). The California Supreme Court's
decision to review this case does not mean that the Court believes the ordinance is
unconstitutional; it could signal a desire on the part of the Court to clarify this area of the
law. Nevertheless, the published appellate decision was very favorable to cities, especially
the City of Tustin that has an ordinance virtually'identical to the one in question. The
Supreme Court review vacates this favorable decision. Joining in the amicus brief would
signal to the Supreme Court that other cities are interested in upholding their regulatory
powers in this area.. "A curfew ordinance is a helpful tool for cities in discouraging activities
late at night that may lead to public disturbances or crime in a neighborhood. The Tustin
Police Department uses the City's curfew ordinance in its enforcement activities.
1100-00012
21276_1
Honorable Mayor and Members of the City Council
City of Tustin
November 28, 1995
Page 2
A copy of the appellate court decision is attached for your review and further
consideration.
If the City were to support joining the amicus brief, it would not require an
expenditure of funds by the City.
Enclosure
cc: William A. Huston, City Manager
W.D. Franks, Chief of Police
1100-00012
21276_1