In Re Juan C.

People v. Juan C.

Good Law
1994 Cal. App. LEXIS 1001·28 Cal. App. 4th 1093·33 Cal. Rptr. 2d 919·94 Daily Journal DAR 13817·94 Cal. Daily Op. Serv. 7546
Court of Appeal of CaliforniaSeptember 30, 1994B073351California3,001 words

Opinion

Opinion

Boren, J.

This appeal addresses the constitutionality of a curfew regulation aimed at controlling civil unrest. We conclude that the curfew regulation passes constitutional muster in that it is neither overly broad nor impermissibly vague.

Facts

On April 29, 1992, widespread rioting, looting, arson, violence, and general civil disorder broke out in the County of Los Angeles. Military troops were called in to help quell the disturbance and restore order when it became apparent that local law enforcement agencies were overwhelmed by the extent of the problem. In response to this emergency, a number of cities adopted curfew regulations.

The Long Beach City Manager declared a local emergency on April 30, 1992, as permitted by law, on the grounds that the city was under extreme peril due to actual and threatened civil disorder. Exercising his authority to make rules and regulations on matters reasonably related to the protection of life and property during an emergency, the city manager issued a curfew regulation. (Long Beach Mun. Code, §§ 2.69.030, 2.69.060. 2.69.070.)

The Long Beach curfew regulation, effective April 30, 1992, reads: “Curfew. 1. No person shall be upon the public…

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