Politics & Government

ACLU Sends Letter of Concern to Cleveland Heights About Curfew Ordinance

The organization believes it infringes upon the First Amendment rights of people under 18 years old

The American Civil Liberties Union of Ohio sent a letter Wednesday to Cleveland Heights Mayor Ed Kelley about its concern over the new in the city. 

The ordinance, passed in late June and , sets the curfew for people under 18 to 6 p.m. in the Coventry and Cedar Lee business districts. Youth must have a valid reason for being in the areas, and if not, police can arrest minors and give their parents a $50 fine.

The ACLU letter, sent by legal director James Hardiman, states that the organization is against all curfew laws, but it has one particular problem with the new law.

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"The ordinance, as we interpreted it, is far too broad, and an arbitrary 6 o' clock cut off we think will create more problems than it will resolve," Hardiman said. "For example, if a person under 18, if they wanted to let’s say demonstrate for whatever reason, technically they would be in violation of the ordinance if they were demonstrating after 6 p.m. That’s a core right that all people should have."

John Gibbon, the city's law director, is still reviewing the letter, but said that the ordinance makes an exception for youth wanting to exercise their constitutional rights. It explicitly states that if minors want to assemble, protest, etc. during the restricted time, they can send a letter to the city's police chief "that is signed and countersigned, if practicable, by a parent of the minor with their home address and telephone number, specifying when, where and in what manner the minor will be in a public place," according to the ordinance.

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Gibbon said that First Amendment rights were a major consideration when adopting the ordinance, and that the city reviewed previous actions in Supreme Court cases to make sure the city wasn't infringing on rights. 

Hardiman said he has reviewed the Cleveland Heights ordinance and its exceptions, but he said the police chief should not be the arbitrator and distributor of First Amendment rights. 

"I don’t know that the chief of police, though he may be a well-intended person, should be able to impose a referendum on who can speak and engage in politicking," Hardiman said. "The ultimate solution is not one of curfews, it’s to create an environment where everyone, on the one hand, can be safe, but children have certain rights and their rights don’t stop when they cross the border into Cleveland Heights. It’s going mosquito hunting with a shot gun." 

Hardiman said this is not just a , but the ACLU has not yet taken a formal stance against the similar 8 p.m. Cuyahoga Falls curfew, . The organization has not sent the city a letter yet, either, but he said, "We were going to look into it."

"Curfews are in vogue in some cities. I can fully appreciate the interest the city has in public safety," he said. "That is a legitimate concern, but by the same token they cannot use a broad brush to say that all people under 18 are up to no good and therefore they should be prevented from going to certain sections of town."

Members passed the revisions to the curfew ordinance at a special council meeting scheduled a few days after fights broke out and after the Coventry Street Arts Fair. The of the summer is now canceled.  

Community meetings were held last week at the and at  to discuss the curfew, the aftermath of the fair and how the city can work with youth to promote peace. 

Kelley said that Gibbon will review the letter and determine whether the council should have further discussions and/or meet with the ACLU.

"I’ll be waiting to see what the law director has to say," he said. 

Read the letter from the ACLU to Kelley on the ACLU's website. A letter to residents about the reasons for the new curfew law and links to the ordinance and exceptions are also posted on the city's website, and will be mailed to residents and others by mid-week. 


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