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Rochester's teen curfew rule challenged

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Published: April 29, 2009 at 1:15 PM

ROCHESTER, N.Y., April 29 (UPI) -- The New York Court of Appeals may decide as early as June whether a teenage curfew law enacted by the city of Rochester is unconstitutional, officials said.

Acting on a challenge, a lower court threw out the 3-year-old law that prohibits anyone under 17 from being in a public place past midnight on weekends and 11 p.m. during the week, the Rochester Democrat and Chronicle reported Wednesday.

Rochester city attorney Jeffrey Eichner told the judges the ordinance protects children from being victims or participants in crime while intruding minimally on parents' rights.

Plaintiffs in the case are a Rochester teen and his father.

Their attorney, Michael Burger, argued that unless parents are unfit, the city should not have the right to pick up children for violating a curfew.

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