Ordinance would waive city curfew for First Amendment activities

May 15 -- The city's curfew ordinance would not apply to juveniles out late at night exercising their First Amendment rights, under a proposal endorsed this week by a Common Council committee.

The proposed exemption to the ordinance is needed to comply with a federal appeals court ruling that found an Indiana curfew law unconstitutionally overbroad because it placed a "chill...on the exercise of First Amendment rights by minors," City Atty. Grant Langley said in a letter to the Common Council.

The Public Safety Committee recommended the full council modify the existing curfew ordinance so that it does not apply "where the actor was exercising first amendment rights protected by the United States constitution or the Wisconsin constitution, including freedom of speech, the free exercise of religion, and the right of assembly."

The curfew ordinance generally makes it unlawful for minors under the age of 17 to be on the streets late at night unless they are accompanied by an adult. Violations are punishable by fines of $100 to $200 and up to 8 days in the House of Correction.