Here is some news you might have missed..
We got coverage on Milwaukee's TMJ4 on the ACLU's opposition to an effort by lawmakers to bar public disclosure of 911 calls. "The public deserves to get all the information with very limited exceptions," said Christopher Ahmuty of the American Civil Liberties Union of Wisconsin. "Those exceptions should be done on the basis of a balancing test that's in the current law now."
Senator Glenn Grothman was a bit hit in the blogosphere when he said in a Cap Times interview that he didn't approve of the comprehensive sex ed bill that's headed to the Governor's desk on Wednesday. It might have been his comments about how teasing feminine boys was normal at his high school that even got the attention of Perez Hilton. Note to all Wisconsin state legislators: bullying or discriminating against gay youth is NOT okay. (But it is okay to give the ACLU a shout out in Glee!)
Did you see the coverage of the medical marijuana advocacy event in Berlin, WI? Central Wisconsin folks asked if their medicine was legal yet. Another lobby day is scheduled at the Capitol on Wednesday. Contact IMMLY for details.
Madison city council alders are considering a parental responsibility law. The proposal is being pushed by the same folks who tried to keep kids inside earlier at last year's curfew ordinance that the ACLU of Wisconsin helped to defeat. If you are a single mom who works three jobs to scrape by and your youngster gets a ticket for disorderly conduct at the bus transfer point, will you have time to go to court to deal with the fine in your name?
Speaking of Madisonians with limited income, we've been observing the housing issue around Shorewood Hills and the proposal to replace the nearly vacant Pyare Square building. Some residents of the affluent neighborhood complained about a large apartment complex that housed limited-income families, but developers tried to quell their fears by making the complex for seniors. Finally the whole project was scrapped due to the height of the building design. Whenever there are concerns about building affordable housing, our ears prick up mostly because of fights like what happened in South Milwaukee with the Lake Point Apartments.
Remember the dust up over anti-Hmong comments by a UW law professor? The dust hasn't completely settled. Madison Hmong community leader is still asking questions about the Hmong studies program that was promised to be added to the university offerings.
The news broke that Homeland Security was working with Middleton police last year to spy on anti-abortion activists who were planning a big rally that would no doubt overwhelm the police resources. The news said that DHS investigated both prochoice and anti-abortion activists, but we haven't heard from prochoicers about alleged probes. We're a prochoice organization, but DHS can't spy on activists. Period. Only when there is probable cause (i.e. evidence that's more than a hunch that a crime will be committed) can an investigation legally be started. The feds admitted wrongly investigating the activists, but Middleton police aren't turning over records and feds say they deleted copies of the assessment. Sorry Michele Malkin, we do care when government spies on First Amendment protected activity.
The ACLU's Bill of Rights Celebration is tomorrow! Twitter fan? @ACLUofWisconsin and @ACLUMadison will be live tweeting at the #BORC event! Follow us to hear more from blogger journalist @anamariecox!
Showing posts with label curfews. Show all posts
Showing posts with label curfews. Show all posts
Friday, February 19, 2010
Tuesday, May 12, 2009
Victory! Madison Common Council votes down restrictive youth curfew change
On Tuesday, May 5 the Madison Common Council heard testimony regarding proposed changes in the youth curfew ordinance. The proposed changed received previous feedback through the Equal Opportunities Commission: the ACLU of Wisconsin submitted comments to the EOC about our opposition to curfews in general and to the criminalization of legal activity for youth in particular.
At the May meeting, ACLU of Wisconsin Board President Erik Guenther gave a testimony that outlined how curfew violations could impact young people’s future job and educational prospects. He also articulated the Orwell vs. Rockwell image of police that was on the minds of many curfew change opponents: curfew enforcement adds to the perception of youth that police are more like characters out of a George Orwell novel rather than a Norman Rockwell painting. By criminalizing otherwise legal behavior, we instill a lack of trust in both youth and law enforcement.
During Guenther's presentation, when his time expired, Mayor Dave Cieslewicz said "Keep going. This is good, keep going." Alders could be heard laughing because of the rarity of the Mayor allowing speakers to exceed their allotted three minute limit.
Watch the Madison City Channel video on your preferred media player here - Guenther's testimony can be seen starting approximately at time marker 4.13.
Several council members supported getting rid of the curfew ordinance outright. Ald. Brian Solomon made a substitute motion for curfew elimination. A second substitute, by Ald. Schumacher, won the prevailing vote. That substitute revised the ordinance to keep the same hours (11pm Sun.-Thurs.; midnight Fri., Sat. for minors 17 and younger) and included an exception for returning home from work, organized school activities and faith-based group or community-based group events.
Media coverage:
The Capital Times gave an in-depth review of the curfew discussion at the Common Council meeting. The website for Channel 3000 also had a summary that noted the ACLU testimony and you can check out their video (stick through the commercial) to hear from youth who are interviewed about the issue. The Wisconsin State Journal had a more abbreviated summary.
Background:
The ACLU of Wisconsin opposes curfews based on the status of individuals engaged in otherwise lawful activity. The changes that were proposed to create an earlier juvenile curfew in the City of Madison would make a bad ordinance worse.
While the Wisconsin Supreme Court recognized the constitutionality of curfews (a decision made about the temporary curfews imposed on Milwaukee streets during the civil unrest of the ‘60s), it is the position of the ACLU of Wisconsin that curfew laws deny the constitutional rights of due process, freedom of movement and equal protection. Only in emergency cases of the protection of public safety are temporary curfews justified.
Juvenile curfew laws inherently discriminate against young people and give police unlimited discretion to give citations or even arrest youth engaged in otherwise non-criminal or constitutionally protected freedoms. Limits on young people's freedom of movement should come from parents, not police.
Police already have the power to stop a young person based on reasonable suspicion that they have broken or are about to break a law. Like loitering laws, curfew ordinances criminalize youth movement outside of their homes, even if they are not breaking any other reasonable laws.
Curfew laws treat young people like criminals when they have not committed a crime. This breaks the trust between youth and law enforcement, reinforces a belief that the criminal justice system is biased and inconsistent, and creates costly punishments that disproportionately impact low-income families.
At the May meeting, ACLU of Wisconsin Board President Erik Guenther gave a testimony that outlined how curfew violations could impact young people’s future job and educational prospects. He also articulated the Orwell vs. Rockwell image of police that was on the minds of many curfew change opponents: curfew enforcement adds to the perception of youth that police are more like characters out of a George Orwell novel rather than a Norman Rockwell painting. By criminalizing otherwise legal behavior, we instill a lack of trust in both youth and law enforcement.
During Guenther's presentation, when his time expired, Mayor Dave Cieslewicz said "Keep going. This is good, keep going." Alders could be heard laughing because of the rarity of the Mayor allowing speakers to exceed their allotted three minute limit.
Watch the Madison City Channel video on your preferred media player here - Guenther's testimony can be seen starting approximately at time marker 4.13.
Several council members supported getting rid of the curfew ordinance outright. Ald. Brian Solomon made a substitute motion for curfew elimination. A second substitute, by Ald. Schumacher, won the prevailing vote. That substitute revised the ordinance to keep the same hours (11pm Sun.-Thurs.; midnight Fri., Sat. for minors 17 and younger) and included an exception for returning home from work, organized school activities and faith-based group or community-based group events.
Media coverage:
The Capital Times gave an in-depth review of the curfew discussion at the Common Council meeting. The website for Channel 3000 also had a summary that noted the ACLU testimony and you can check out their video (stick through the commercial) to hear from youth who are interviewed about the issue. The Wisconsin State Journal had a more abbreviated summary.
Background:
The ACLU of Wisconsin opposes curfews based on the status of individuals engaged in otherwise lawful activity. The changes that were proposed to create an earlier juvenile curfew in the City of Madison would make a bad ordinance worse.
While the Wisconsin Supreme Court recognized the constitutionality of curfews (a decision made about the temporary curfews imposed on Milwaukee streets during the civil unrest of the ‘60s), it is the position of the ACLU of Wisconsin that curfew laws deny the constitutional rights of due process, freedom of movement and equal protection. Only in emergency cases of the protection of public safety are temporary curfews justified.
Juvenile curfew laws inherently discriminate against young people and give police unlimited discretion to give citations or even arrest youth engaged in otherwise non-criminal or constitutionally protected freedoms. Limits on young people's freedom of movement should come from parents, not police.
Police already have the power to stop a young person based on reasonable suspicion that they have broken or are about to break a law. Like loitering laws, curfew ordinances criminalize youth movement outside of their homes, even if they are not breaking any other reasonable laws.
Curfew laws treat young people like criminals when they have not committed a crime. This breaks the trust between youth and law enforcement, reinforces a belief that the criminal justice system is biased and inconsistent, and creates costly punishments that disproportionately impact low-income families.
Thursday, March 12, 2009
Madison EOC: Please oppose change in youth curfew
*** Update: The Madison Equal Opportunities Commission voted unanimously tonight to oppose a change in the youth curfew law. Thank you EOC for standing up for youth rights! ***
The change would bump up the curfew for youth under 17 an extra hour: 10:00 pm on weeknights, 11:00 pm on weekend. Police officers asked city council members to propose this change so that they could have another tool to quiet neighborhoods. But police already have the power to stop people when they have reasonable suspicion that someone is breaking or about to break a law. Police also already have the power to cite people for disorderly conduct.
The ACLU of Wisconsin has written a letter to the EOC explaining our position that curfews shouldn’t be imposed on people, even youth, who are otherwise engaged in lawful activity. We hope our position will lend support to an EOC decision to oppose the curfew change and encourage the city council not to create a more restrictive juvenile curfew law.
This is a segment from our letter:
“While the Wisconsin Supreme Court recognized the constitutionality of curfews (a decision made about the temporary curfews imposed on Milwaukee streets during the civil unrest of the ‘60s), it is the position of the ACLU of Wisconsin that curfew laws deny the constitutional rights of due process, freedom of movement and equal protection. Only in emergency public safety cases are temporary curfews justified.
“Juvenile curfew laws inherently discriminate against young people and give police unlimited discretion to give citations or even arrest youth engaged in otherwise non-criminal or constitutionally protected freedoms. Limits on young people's freedom of movement should come from parents, not police.
“Furthermore, curfew laws treat young people like criminals when they have not committed a crime. This breaks the trust between youth and law enforcement, reinforces a belief that the criminal justice system is biased and inconsistent, and creates costly punishments that disproportionately impact low-income families.
“It was also cited in a Wisconsin State Journal article on November 17, 2008 that an earlier youth curfew would be able to be enforced before the Madison City Police officers’ shift change. Ultimately police shift schedules should not be the basis for the restriction of rights of an entire class of people or the creation of a more restrictive juvenile crime.”
Stay tuned to the Cap City Liberty blog for updates on the youth curfew proposal in Madison.
The change would bump up the curfew for youth under 17 an extra hour: 10:00 pm on weeknights, 11:00 pm on weekend. Police officers asked city council members to propose this change so that they could have another tool to quiet neighborhoods. But police already have the power to stop people when they have reasonable suspicion that someone is breaking or about to break a law. Police also already have the power to cite people for disorderly conduct.
The ACLU of Wisconsin has written a letter to the EOC explaining our position that curfews shouldn’t be imposed on people, even youth, who are otherwise engaged in lawful activity. We hope our position will lend support to an EOC decision to oppose the curfew change and encourage the city council not to create a more restrictive juvenile curfew law.
This is a segment from our letter:
“While the Wisconsin Supreme Court recognized the constitutionality of curfews (a decision made about the temporary curfews imposed on Milwaukee streets during the civil unrest of the ‘60s), it is the position of the ACLU of Wisconsin that curfew laws deny the constitutional rights of due process, freedom of movement and equal protection. Only in emergency public safety cases are temporary curfews justified.
“Juvenile curfew laws inherently discriminate against young people and give police unlimited discretion to give citations or even arrest youth engaged in otherwise non-criminal or constitutionally protected freedoms. Limits on young people's freedom of movement should come from parents, not police.
“Furthermore, curfew laws treat young people like criminals when they have not committed a crime. This breaks the trust between youth and law enforcement, reinforces a belief that the criminal justice system is biased and inconsistent, and creates costly punishments that disproportionately impact low-income families.
“It was also cited in a Wisconsin State Journal article on November 17, 2008 that an earlier youth curfew would be able to be enforced before the Madison City Police officers’ shift change. Ultimately police shift schedules should not be the basis for the restriction of rights of an entire class of people or the creation of a more restrictive juvenile crime.”
Stay tuned to the Cap City Liberty blog for updates on the youth curfew proposal in Madison.
Subscribe to:
Posts (Atom)
