State v. J.P.

Today the majority holds that a minor has a right of privacy to remain on public streets literally in the middle of the night. I cannot agree with such an expansive reading of the right to privacy. In my opinion, the ordinances at issue do not even implicate — much less infringe upon— the minors’ constitutional rights to privacy or any purported right to “freedom of movement.” I believe the rational basis standard should apply to review of these ordinances. Even applying the standard most federal circuit courts have employed, however — a heightened review — the ordinances still survive…