Is it against our Constitutional Rights to have a curfew implemented on an entire city?

Legally does a city have the right to put curfew on a city of adults?


Im asking because I am in Houston during the hurricane and tehy mandated a curfew for the city. I know it is a smart idea do that but if someone is stupid enough to go surfing in the middle of a hurricane they should be allowed the freedom.

It just seems like it is unconstitutional. Any lawyers out there?

7 Answers

  • 1 decade ago
    Favourite answer

    No, the constitution clearly allows for the president and congress to override certain rights for public health and safety, and sometimes war. It states that Habius Corpus may be suspended during war, which means you can be imprisoned without cause for the length of a war.

    Take a couple of minutes a day and read up on it, there are many things in it that youll learn and will explain alot of things you would assume are not constitutional, but they really are.

    A hurricane is clearly a danger, one killed over 10,000 people in Texas back in 1910 I believe. Its an obvious health and safety problem, being about as destructive as a blight or plague.

  • 1 decade ago

    Depends on the circumstances. If there is rioting or some other threat to public safety going on, then it's OK. Under normal circumstances, this may infringe upon the first amendment's protection of freedom of association as well as due-process protected liberty interests.

    Now, the city can regulate commercial activity such that all businesses are closed after a certain time, such that there is really no reason to be out past that time.

    But in all these cases, it seems that a curfew law would be wildly unpopular because there's all sorts of reasons people would need to be out and about at night. It's hard to imagine a local government sustaining such a thing for very long.

  • 1 decade ago

    Curfew by local law enforcement is not a problem !

    Deploying The Major Branches of the Military on a US city is !

  • 1 decade ago

    Their are temporary circumstances that could lead to a legal curfew. I don't believe that a permanent curfew would pass constitutional muster.

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  • 1 decade ago

    Yes. If there are too many adults acting like out of control children, they must take whatever steps to protect the general public.

  • Just wait until FEMA takes over. In a national disaster, the constitution goes out the window!

  • Anonymous
    1 decade ago

    No, it does not violate your rights.

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