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restaurant, bar, nightclub, shop, or other privately-owned business operated for profit to which the public is invited.”  However, the following are expressly excluded from the curfew provision:  “(1) a meeting or scheduled entertainment activity at a theater, school, church or other religious institution, or sponsored by a religious institution, local education authority, governmental agency or support group like Alcoholics Anonymous; (2) actively engaging in a business, trade, profession or employment which requires such presence; (3) in an emergency situation . . . ; or (4) in the side yard or back yard of his/her own residence.”  

Defendants argue this provision infringes on their constitutional freedom of movement and is otherwise vague and overbroad.  They argue the Fourteenth Amendment protects a person’s right to remain in a public place for a lawful purpose.

Regarding the rationale underlying paragraph (1)(g), Investigator Villanueva opined:  “Generally Broderick Boys will use nightfall, they use the cloak of darkness, to go out and commit some of their illicit crimes.  Although we also see them during the daytime.  Gang activity is 24/7, but it’s worse at night.  And generally, if they’re out at night, they’re up to no good.  They’re going to use the nightfall to go out and do some of these assaults, robberies, felony vandalism.  So, generally when you see the gangsters out after curfew hours, they’re up to no good, and that’s both adults and juveniles. . . . [M]any serious Broderick Boy[s] crimes happen after 10 p.m. and before sunrise.”  

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