Last year, there was a local email alert to homeschool families regarding a city council meeting where they would be discussing a daytime curfew ordinance.
Daytime curfews limit the freedom of a child to move in public. They are designed to curtail crimes committed by juvenile delinquents who are most likely skipping school.
The response by local homeschoolers to that city council meeting was so overwhelming, that the city council tabled the move to enact the ordinance.
Then, for months, I kept seeing alerts from The Texas Home School Coalition regarding a daytime curfew ordinance in Bedford, Texas. I honestly don’t know the outcome. I believe that the city kept the ordinance.
The next town over from me has a daytime curfew ordinance. It specifically excludes homeschoolers.
Recently, an officer with another near-by town, contacted the leader of our homeschool group. He wanted to know what homeschoolers thought about daytime curfews. His questions were:
1. How do you feel about daytime curfews?
2. What kind of issues would come about?
3. What do you feel is the best way to handle this?
4. DO you have suggestions for corrective actions?
I wanted to respond, but I wanted to be educated in my response. That takes time. 
Time that isn’t always available. So I asked my husband, a police officer of 17 years, what his opinion is. He contacted the officer personally. Here is his email:
Lt. Mitchell,
As a Home school father and law enforcement officer I would like to give you my input on the topic of a daytime curfew.
The first question is, is this ordinance necessary? Has there been an increase in juvenile crime or other factors which would warrant such a law?
Does the municipality have truancy laws already in place to deal with public school students who skip school regardless of whether or not they are caught in public during school hours? Can these public school students be punished through the school district for unexcused absences or other compulsory school rules/laws pertaining to public school children? If so why create another law?
Do the citizens within the municipality believe in the constitutionality of such a law? Does the right to liberty under the U.S. Constitution not apply to citizens under a certain age? Can a governing body legislate good parenting? Should parents have their parental rights overruled by the law, particularly in this area?
From a law enforcement view, (Seventeen years as a police officer) these types of laws have provided little or no usefulness in curtailing crime. If any person, regardless of age, is found to be in a suspicious place at a suspicious time, reasonable suspicion, the lowest thresh hold to detain and investigate is met. If a person physically appears to be a juvenile and is found to be in public during certain times of day or night, a law enforcement officer should be able to justify and articulate his reasonable suspicion to detain and investigate the person’s actions without the need of a daytime or night time curfew. Juveniles (or anyone for that matter) found to be committing other crimes, such as public park curfews, criminal mischief, possession of tobacco, alcohol, drugs etc… can be cited or arrested for those crimes rather than a daytime or night time curfew. If a law enforcement officer conducts a proper investigation he can take action as his agency’s policy and discretion dictate. From my own experience I know that most law enforcement officers who are charged with enforcing such an ordinance do not fully understand it. They simply believe no juvenile is allowed to be in public during certain times and act upon that belief. Any exceptions or defense to prosecution language is ignored or misunderstood. This is not true for every officer, but I have found that most have this understanding.
As a home school father, I believe it is my responsibility to parent my children. To enact laws which try to legislate parents who do not properly parent their own children is a difficult task. It’s not uncommon in our society for laws to be enacted to address crime and criminals but have a grave effect on the rest of the public which are good citizens.
Many home school families, and non- home school families, I know are particularly disturbed by these types of laws. A defense to prosecution will not prevent the hassle of still having to go through the judicial system to get the child’s curfew citation or arrest dismissed. The time and expense of going to court is still viewed as unjust.
Sometimes upon further examination “good ideas” are found to not be such good ideas. Just because a few governing bodies enact laws like this does not make it necessary for others to do so. I hope your municipal governing body takes the time to make the right decision concerning this issue.
Thank you for your time. Please feel free to contact me if needed.
Please, take time to know what is going on in your community. Take time to educate yourself on laws which restrict your freedom to homeschool and to raise your children as your conscience dictates.
