Nunez

Plaintiffs challenge the constitutionality of the City of San Diego’s juvenile curfew ordinance. The district court granted summary judgment for the City, and plaintiffs appealed. We have jurisdiction under 28 U.S.C. § 1291 . We reverse.

THE ORDINANCE

The City of San Diego enacted its juvenile curfew ordinance in 1947. The ordinance reads as follows:

San Diego, Cal., Municipal Code Art. 8, § 58.01. The ordinance then provides that the curfew does not apply in four situations:

Id. A minor violating § 58.01 commits a misdemeanor. Id. § 58.01.2. Section 58.01.1 also creates criminal liability for the “parent, guardian or other adult person having the care and custody of a minor” who permits or allows the minor to violate the curfew ordinance. On April 25,1994, the City adopted a resolution to enforce the curfew aggressively.

PRIOR PROCEEDINGS

Plaintiffs are minors and parents of minors from San Diego. They brought an action under 42 U.S.C. § 1983 to challenge the ordinance’s constitutionality on its face. Plaintiff minors allege, among other things, that the ordinance restricts them from many otherwise lawful activities after curfew hours, i.e., volunteering at a homeless…