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1400 CouNTr-CrrY Bu1LD1Nc <br />SOUTH BEND, INDIANA 46601-1830 <br />CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR <br />DEPARTMENT OF LAW <br />JOHN E. BRODEN <br />CITYATTORNEY <br />Ms. Charlotte Pfeifer <br />President, South Bend Common Council <br />435 County-City Building <br />South Bend, IN 46601 <br />Re: Curfew Ordinance -Amendment <br />Dear Ms. Pfeifer: <br />PHONE 219/ 235-9241 <br />FAx 219/235-9892 <br />TDD 219/ 235-5567 <br />ALADEnN M. DERosE <br />July 19, 2000 CHIEF ASSISTANTCITYATTORNEY <br />A recent court decision by the U.S. District Court for the Southern District of Indiana <br />suggests that South Bend's curfew ordinance maybe constitutionally defective because it does <br />not adequately exclude activities protected by the First Amendment (free speech and assembly). <br />Furthermore, the Ordinance as it exists does not exclude emergency errands performed by the <br />minor at the parent's written direction. <br />To assure the City of South Bend that its curfew ordinance will withstand constitutional <br />scrutiny by a court of law, this office believes that the proposed amendments to the curfew <br />ordinance should be adopted by the Common Council. <br />Thank you for your consideration. <br />Sincerely, <br />~~ <br />Aladean M. DeRose <br />Chief Assistant City Attorney <br />AMD/cw <br />THOMAS L. BODNAR CHERYL A. GREENS MICHELLE L. ENGEL <br />,JEFFREYM. JANKOWSKI ROBERT C. ROSENFELD ANN-CAROL NASH <br />