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exceptions. Unlike the minors in the Borough of Middletown, minors in Panora
may not be on their sidewalk or on the sidewalk of their neighbors during the
prohibited hours. Furthermore, minors in Panora do not have an opportunity
to obtain special permits to participate or otherwise engage in lawful activity
during the prohibited hours. And, the Panora curfew, by its very terms,
prohibits minors from traveling in motor vehicles upon the public streets or
other public areas during the prohibited hours even if the minor's parents
have consented to such travel. Because Panora's curfew is much more
prohibitive than the Borough of Middletown's, the relevance of the Bykofsky
decision is greatly diminished.
In sum, numerous state and federal courts have held juvenile
curfew ordinances similar to Panora's unconstitutional. See cases cited supra.
This court should rely on the great weight of authority and hold that Panora's
curfew ordinance is unconstitutional for all of the reasons noted above, as well
as those advanced in the following sections of this brief.
B. PANORA'S CURFEW ORDINANCE IS UNCONSTITUTIONALLY
VAGUE.
"It is a basic principle of due process that an enactment is void
for vagueness if its prohibitions are not clearly defined." Grayned v. City of
Rockford, 408 U.S. 104, 108 (1972). Indeed, the law has long been clear that
"the citizen cannot be held to answer charges based upon penal statutes whose
(footnote continued)
himself or to the group he is in; the minor carries a certified card of
employment; or the minor is in a motor vehicle with parental consent for
normal travel. Bykofsky v. Borough of Middletown, 401 F. Supp. at
1246-47.
Object Description
| Title | Public housing curfew |
| Series | Series 2, NAACP, Charlotte |
| Subseries | Subseries 5, Programs |
| Sub-subseries | Sub-subseries 1, Housing and Urban Development |
| Digital Collection | Kelly Alexander, Sr. papers concerning the NAACP, 1948-1998 |
| Creator | Alexander, Kelly M. |
| Date Created | 1987, 1992 |
| Series Description | This series contains material related to the work of the NAACP in Charlotte, North Carolina and the Alexander family's involvement in the organization over the course of several decades. There is a wide variety of topics covered in the documents, including voting discrimination; the Freedom Fund; Youth Council activities; and correspondence with notable figures throughout the Charlotte area, including Alfred Alexander and Julius Chambers. |
| Collection Description | This collection documents the activities of the National Association for the Advancement of Colored People (NAACP), with an emphasis on the work and correspondence of Kelly Alexander, Sr. and his sons Kelly Alexander, Jr. and Alfred Alexander in Charlotte, North Carolina. The collection contains minutes, correspondence, reports, speeches, press releases, membership records, and a few photographs. Topics covered include school segregation, housing and employment discrimination, police misconduct, and the Charlotte Area Fund. |
| Subjects--Names |
Alexander, Kelly M. Alexander, Kelly M., Jr., 1948- Alexander, Alfred L., 1952- |
| Subjects--Organizations |
National Association for the Advancement of Colored People National Association for the Advancement of Colored People. Charlotte Branch. |
| Subjects--Topics |
African Americans--North Carolina--Charlotte African Americans--Civil rights--North Carolina African Americans--Political activity--North Carolina--Charlotte Civil rights movements--North Carolina--Charlotte Civil rights workers--North Carolina--Charlotte African Americans--Housing--North Carolina--Charlotte Racism--Political aspects--North Carolina--Charlotte Race discrimination--North Carolina--Charlotte Police brutality--North Carolina--Charlotte Police misconduct--North Carolina--Charlotte |
| Subjects--Locations |
Charlotte (N.C.)--Race relations--History--20th century Charlotte (N.C.)--Politics and government--20th century |
| Coverage--Place |
Charlotte (N.C.) Mecklenburg County (N.C.) |
| Box Number | 10 |
| Folder Number | 26 |
| Language | eng |
| Object Type | Text |
| Digital Format | Displayed as .jp2, uploaded as .tif |
| Genre | manuscripts (document genre) |
| Finding Aid | https://findingaids.uncc.edu/repositories/4/resources/701 |
| Original Collection | Kelly Alexander, Sr. papers concerning the NAACP |
| Digital Collection Home Page | http://digitalcollections.uncc.edu/cdm/landingpage/collection/p16033coll20 |
| Repository | J. Murrey Atkins Library Special Collections (University of North Carolina at Charlotte) |
| Digital Publisher | J. Murrey Atkins Library Special Collections (University of North Carolina at Charlotte) |
| Rights | These materials are made available for use in research, teaching and private study. The digital reproductions have been made available through an evaluation of public domain status, permissions from the rights' holders, and authorization under the law including fair use as codified in 17 U.S.C. section 107. Although these materials are publicly accessible for these limited purposes, they may not all be in the public domain. Users are responsible for determining if permission for re-use is necessary and for obtaining such permission. Individuals who have concerns about online access to specific content should contact J. Murrey Atkins Library. |
| Location of Original | J. Murrey Atkins Library Special Collections (University of North Carolina at Charlotte) |
| Grant Information | Digitization made possible by funding from the federal Institute of Museum and Library Services (IMLS) under the provisions of the Library Services and Technology Act as administered by the State Library of North Carolina, a division of the Department of Cultural Resources. |
| Identifier | naacp-ms508-0210026 |
| Date Digitized | 2016-03-04 |
| Rating |
Description
| Title | naacp-ms508-0210026-50 |
| OCR Transcript | exceptions. Unlike the minors in the Borough of Middletown, minors in Panora may not be on their sidewalk or on the sidewalk of their neighbors during the prohibited hours. Furthermore, minors in Panora do not have an opportunity to obtain special permits to participate or otherwise engage in lawful activity during the prohibited hours. And, the Panora curfew, by its very terms, prohibits minors from traveling in motor vehicles upon the public streets or other public areas during the prohibited hours even if the minor's parents have consented to such travel. Because Panora's curfew is much more prohibitive than the Borough of Middletown's, the relevance of the Bykofsky decision is greatly diminished. In sum, numerous state and federal courts have held juvenile curfew ordinances similar to Panora's unconstitutional. See cases cited supra. This court should rely on the great weight of authority and hold that Panora's curfew ordinance is unconstitutional for all of the reasons noted above, as well as those advanced in the following sections of this brief. B. PANORA'S CURFEW ORDINANCE IS UNCONSTITUTIONALLY VAGUE. "It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined." Grayned v. City of Rockford, 408 U.S. 104, 108 (1972). Indeed, the law has long been clear that "the citizen cannot be held to answer charges based upon penal statutes whose (footnote continued) himself or to the group he is in; the minor carries a certified card of employment; or the minor is in a motor vehicle with parental consent for normal travel. Bykofsky v. Borough of Middletown, 401 F. Supp. at 1246-47. |
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