The city of Houston has both a daytime curfew from 9:00 a.m. - 2:30 p.m. Monday through Friday while government schools are in session and a night time curfew from midnight to 6:00 a.m. (See below)
The curfew law itself sets out certain defenses which at first glance make it appear that there are exceptions that would allow our children to be out in public without their parents when any private school (including homeschools) is not in session, for educational reasons, to run an errand for the family or in the case of an emergency. However appearances can be deceiving!
A "defense" is not the same as an "exception"! In the case of an exception the police would only need to determine if the minor had reason to be out, i.e. questioning the minor, a call to the parents, a note from the parents or even as drastic a measure as taking the child to the house and speaking with the parents directly. Although this seems unacceptable, it pales in comparison to "defenses".
After speaking with the Houston Police Department, the meaning of a defense becomes clear. With a defense, a minor will be picked up if seen by the police, taken into custody (there is no juvenile criminal law so they are never arrested but it's the same thing!), taken to a holding area with other juveniles who may or may not have committed serious crimes and the parents will be called. Once the parents come to pick up their child they will be ticketed and then must appear before a judge and give their "defense".
Even though curfews impact homeschoolers more than other children, we must be careful not to make curfews a homeschooling issue. Curfews are a fundamental rights issue and glossing over the real problem will only result in remedies that further erode our rights!
For example, when Tim Lambert of the Texas Home School Coalition testified in Austin before a legislative committee about a bill that would prohibit cities from creating curfews, he used testimony of homeschoolers who have been negatively impacted by curfew laws to try to make his point. In each instance, the legislators on the committee came back with a "solution" that would restrict our freedom to homeschool, i.e. registration and ID cards!
The reality is that when one person or a group has their rights denied them it impacts us all! It sets the stage for further erosion of everyone's rights.
Sec. 28-171. Definitions.
The following words, terms and phrases when used in this article shall have the meanings ascribed them in this section, unless the context of their usage indicates another meaning:
Emergency shall mean an unforeseen combination of circumstamces or the resulting state that calls for immediate action. The term shall include but not be limited to a fire, natural disaster, vehicular accident, or a serious medical condition of sudden onset.
Guardian shall mean the person who , under a court order, is the guardian of the person of a minor or the public or private agency with whom the minor has been placed by a court.
Minor shall mean any person under 18 years of age.
Parent shall mean the natural mother or father or adoptive mother or father of a minor.
Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartments, houses, office buildings, transport facilities, and shops.
Sec. 28-172. Offenses.
(a) It shall be unlawful far any minor to knowingly remain, walk, run, stand. drive or ride about, in or upon any public place in the city between the hours of 12:00 at night (midnight) and 6:00 a.m. on any day of the week or between the hours of 9:00 a.m. and 2:30 p.m. on a Monday, Tuesday, Wednesday, Thursday or Friday.
(b) It shall be unlawful for the parent or guardian having legal custody of a minor to knowingly allow or permit the minor to be in violation of the curfew imposed in section 28-172(a) of this Code.
(c) Violations of this section shall be punishable as provided in section 1-6 of this Code.
Sec. 28-173. Defenses.
It is a defense to prosecution under section 28-172 of this Code that:
(a) The minor was accompanied by his or her parent or guardian;
(b) The minor was accompanied by an adult designated by his or her parent or guardian;
(c) The minor was on an errand made necessary by an emergency;
(d) The minor was attending a school, religious, or government-sponsored activity or was traveling to or from a school, religious, or government-sponsored activity;
(e) The minor was engaged in an (sic) lawful employment activity or was going directly to or coming directly from lawful employment;
(f) The minor was on the sidewalk of the place where he or she resides;
(g) The minor was on an errand directed by his or her parent or guardian;
(h) The minor was in a motor vehicle involved in intrastate or interstate transportation;
(i) The minor was engaged in, participating in, or traveling to or from any event, function or activity for which the application of section 28-172 of this Code would contravene his or her rights protected by the Texas or United States Constitutions;
(j) The minor was married or had been married or had disabilities of minority removed in accordance with chapter 31 or the Texas Family Code; or
(k) With respect to the hours between 9:00 a.m. and 2:00 p.m. only, that the offense occurred during the school summer vacation break period of the school in which the minor is enrolled or on a holiday observed by the closure of classes in the school in which the minor is enrolled or that the minor has graduated from high school or received a high school equivalency certificate.
Sec. 28-175. Supplimental effect.
The provisions of this article are supplimental and shall be cumulative with all other laws and ordinances applicable in any manner to juveniles.
Sec. 28-175. Enforcement.
Notwithstanding the penal effect of this article the chief of police is encouraged to develop alternative enforcement strategies, which may include but need not be limited to the return of minors to their residences or schools, counseling with minors and their parents and guardians, the issuance of warning citations to minors or their parents or guardians, or the referral of instances that appear to also involve the violation of school attendance laws to those officers who are responsible for the enforcement of those laws. The enforcement strategies shall be promulgated in writing to members of the police department so that this article may be enforced in uniform manner.
© 1999
Those who would sell an essential liberty for a little safety deserve neither liberty nor safety.- Benjamin Franklin
