ACLU has some concerns about Manatee County’s curfew. It’s too broad, the group says
A civil rights group says Manatee County’s 11 p.m. to 5 a.m. stay-at-home curfew has gone too far.
In a letter sent to the Board of County Commissioners on Tuesday, the local chapter of the American Civil Liberties Union said it has grave concerns about the breadth of the emergency resolution, which is meant to help limit the spread of the novel coronavirus.
“While we certainly appreciate the unique and difficult circumstances presented by the COVID-19 pandemic, the ACLU is always concerned when safety measures curtail the right of individuals to gather and/or shelter as needed under their particular needs,” the group wrote.
“In that respect, we are concerned with the overbreadth of this resolution and the chilling (effect) it may have on the exercise of constitutionally-protected activities,” the letter continues.
Specifically, the ACLU is concerned about how the curfew applies to private family gatherings, homeless residents, domestic abuse victims and those who may need to provide care for loved ones during curfew hours. Exceptions should be made for people dealing with those circumstances, the group argued.
Commissioners voted 5-2 on Friday to approve the curfew, which went into effect that night. Commissioners Vanessa Baugh and Stephen Jonsson voted against the resolution.
“...We are calling on the Manatee County Commission to rescind the resolution, or to significantly tailor its terms in order to protect the constitutional objections noted herein,” the ACLU said.
In practice, however, local law enforcement officers have yet to cite a single person for violating the curfew.
County Attorney Mitchell Palmer urged commissioners not to discuss the ACLU letter. Instead, questions should be directed to the County Attorney’s Office, he said in a Wednesday morning email to the board.
“We are respectful of the ACLU and of the matters raised in the letter,” Palmer wrote. “The Office of the County Attorney remains confident in the legal defensibility of the resolution, given the unprecedented state of emergency in which we find ourselves.”
Manatee County’s emergency curfew is set to expire Friday unless the Board of County Commissioners meets to extend it another seven days. Palmer added that an ACLU representative is welcome to voice their concerns at the board’s next meeting.
This story was originally published April 8, 2020 at 4:19 PM.
