Juvenile court's true finding that defendant violated the San Diego curfew ordinance is reversed as, although a more narrowly tailored curfew ordinance is within the legislative prerogative, the present ordinance sweeps too broadly and includes within its ambit otherwise innocent and legal conduct by minors even when they have the permission of their parents, and as such, the ordinance is unconstitutional.
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Filed February 4, 2010
Opinion by Judge McDonald
For Appellant: Heather L. Beugen
For Appellee: Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Jeffrey J. Koch and Marissa Bejarano, Deputy Attorneys General