Jiovan Anonymous v. City of Rochester (Challenging Rochester’s youth curfew law)

Appellate Division, Fourth Department, Index No. CA 07-0272 (amicus) This suit challenges a curfew imposed by the City of Rochester on persons below the age of 18. On March 20, 2009, the NYCLU filed an amicus brief in the Court of Appeals arguing that the curfew imposes an unconstitutional restriction on parents’ right to direct the behavior of their children under the federal and state constitutions. Additionally, the NYCLU contended that the due process clause of the New York State Constitution provides an independent and adequate ground on which the Court of Appeals could affirm the lower court’s invalidation of the curfew. In a 5-2 decision issued June 9, 2009, the Court of Appeals upheld an Appellate Division ruling that invalidated the 2006 curfew ordinance. The majority of judges ruled that the curfew violates the long-recognized rights of parents to control the upbringing of their children. They also ruled that the curfew’s rationale is undermined by statistics showing that youth in Rochester are more likely to be involved in crime during hours outside the curfew.