Qutb v. Bartlett
United States Court of Appeals for the Fifth Circuit
11 F.3d 488 (1993)
- Written by Mary Katherine Cunningham, JD
Facts
In 1991, the Dallas City Council enacted a juvenile-curfew ordinance, prohibiting individuals under 17 years old from being in a public place from 11 p.m. until 6 a.m. on weekdays and from 12 a.m. until 6 a.m. on weekends. The law did permit minors with being in public with a parent or guardian during the curfew hours, and the law contained exemptions for minors engaged in civic, religious, or employment-related activities. A conviction for violating the ordinance would result in a $500 fine for each separate offense. Parents and guardians of minors and operators of businesses who allowed minors out past curfew also faced a $500 fine for each violation. A class of plaintiffs including Qutb (plaintiffs) challenged the constitutionality of the ordinance after the law was enacted, suing city officials including Bartlett (defendants). The district court struck down the ordinance, holding the law violated the minors’ First Amendment right to associate. The city appealed to the Fifth Circuit.
Rule of Law
Issue
Holding and Reasoning (Jolly, J.)
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