landrick
Active Member
Dave, under what statute can a police officer ticket? This is America and we have the right to commute even though it might be unsafe and stupid. Curfews are technically unconstitutional. I drove through a hurricane/tropical storm years ago to get Chinese food. A cop pulled me over told me to go home, I got my Chinese food with a friend and went home. The news said everybody needed to be off the road, I was starving and the Chinese spot was open. This was a cat 1 storm that was only a tropical storm by the Tim it got to me. I believe this was hurricane jeaneane. Damn storm was on top of us for a whole weekend.
Just for the academic discussion: curfews are not automatically (or even generally) unconstitutional. Courts will generally uphold them so long as the curfew will serve a "compelling government interest", and are as narrowly tailored as possible. So, a curfew imposed during civil unrest, or in an emergency to protect life and allow free travel of emergency vehicles would almost certainly stand up to scrutiny. Now, if the government tried to maintain a curfew even after civil disturbances settle down, the ACLU would start getting antsy…