Friday, March 26, 2010

Wendell Juvenile Curfew Upheld

The Court rejected several constitutional challenges to the Wendell juvenile curfew ordinance today. Doe argued that the ordinance was void for vagueness, overbroad, and violative of both equal protection and of the fundamental right of a parent to direct the upbringing of his or her child.
The magistrate and district court both rejected the constitutional challenges, but the Court of Appeals found that the Ordinance was unconstitutionally overbroad.

The Supreme Court rejected the first three challenges and found that Doe did not have standing to assert his parents' right. State v. Doe, http://www.isc.idaho.gov/opinions/John%20Doe%20Opinion.pdf

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