Judge declares curfew law in Colorado town of Elizabeth unconstitutional; "This is something we had to fight for"
A district court judge in Elbert County has declared the town of Elizabeth's curfew law unconstitutional after a Colorado family says they spent $12,000 fighting their son's $30 curfew ticket.
"To me, this was worth the fight," said Mike Saunders, whose son Joe was one of four teenagers stopped by Elizabeth police in July of 2021.
The teens said they had been bowling in Parker and were driving home when an Elizabeth police officer pulled their car over for having a broken headlight. It was shortly after midnight, which is when the town's curfew ordinance kicks in on Saturday nights.
Police did not cite them for using drugs or alcohol or any other serious violations -- just the curfew violation.
Three of the teens received a year of probation. Joe Saunders, the driver, was initially convicted of a curfew violation, but appealed, leading to last week's district court ruling.
Judge Theresa Slade wrote that Saunders had "the constitutional right of freedom to travel." She noted Elizabeth's curfew law says "It is unlawful for any person who has not reached his or her eighteenth birthday to be or remain upon any public road, street or alley..." She said Saunders "has a constitutionally protected interest to travel through the town to return home. Legitimate activities of minors such as J.S., are infringed upon. The ordinance infringes upon a minor's First Amendment liberty interests and his or her right to travel," wrote Slade. "The Elizabeth curfew ordinance, as applied in this matter, is overly broad and unconstitutional," wrote the Judge.
Town Attorney Corey Hoffman said he could not comment on the ruling until he meets with Elizabeth's Board of Trustees in December.
Mike Saunders, who has spent three decades in law enforcement, said he always felt fighting the law was the right thing to do.
"If they did nothing wrong, then me as a father has to fight for them. I had to show my son you have to stick up for what you feel is right."
Saunders' lawyer, Todd Collins, said as far back as 2021, he told the town's attorney their curfew law violated the constitution, but the prosecutor responded, "just pay the fine and move on. This is no big deal."
He estimates Elizabeth spent about $30,000 in taxpayer money fighting over the law.
"It was avoidable," said Collins, "but the town chose a different route. All we've asked them to do is update the ordinance so it's legal, and they've refused to."
Collins suggested other municipalities may want to check their laws to ensure they don't infringe on minors' constitutional rights.
"If there's a town that's out there stopping them from traveling freely from events, then they've infringed on their civil rights," said Collins.
Immediately after the ruling, Elizabeth Police Chief Jeffery Engel ordered his officers to stop enforcing the curfew law until changes are made.
Mike Saunders added that he did not believe the Elizabeth curfew law made common sense, as minors in the small town of 3,000 residents could be cited for sitting in a restaurant, having a burger on a warm summer night.
"I felt personally and professionally this was not right," said Saunders. "I don't need the government to raise my children. I'll do that."
