21 Addendum. Curfew Ordinance Update - Item 21 with attachmentPrepared by: Wendy Wood, Town Clerk
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/04/2024 ITEM NO: 21 ADDENDUM
DATE:
TO:
FROM:
SUBJECT:
June 3, 2024
Mayor and Town Council
Gabrielle Whelan, Town Attorney
Introduce an Ordinance Amending the Town’s Curfew Ordinance.
Ordinance Title: “An Ordinance of the Town Council of the Town of Los Gatos
Amending Chapter 18, ‘Offenses And Miscellaneous Provisions,’ Article III,
‘Minors,’ and Division 2, ‘Curfew,’ of the Town of Los Gatos Town Code”
REMARKS:
Attachment 3 contains public comments received between 11:01 a.m. on May 31, 2024, and
11:00 a.m. June 3, 2024.
Attachments Previously Provided with the Staff Report:
1.Redline of Curfew Code Section
2.Proposed Ordinance Amending Curfew Ordinance
Attachment Received with this Addendum Item:
3.Public Comment Received Between 11:01 a.m. on May 31, 2024, and 11:00 a.m. June 3,
2024
This Page Intentionally Left Blank
From:Linda Swenberg
To:Clerk
Cc:Mary Badame
Subject:Message for the Town Attorney
Date:Monday, June 3, 2024 9:39:18 AM
[EXTERNAL SENDER]
(Staff—please forward to Gabrielle Whelan, the town attorney)
Dear Ms. Whelan,
Thank you for taking the time last week to discuss the proposed changes to the Town's curfewordinance. The information you provided motivated me to do further research to better
understand the reasoning behind the changes.
As we discussed, I initially intended to oppose the changes but have decided not to submit
my comments after our conversation and further research. During our call, I expressed
confusion about the need for a carveout for First Amendment protected activity in theordinance which led you to explain that you were advised that the code would be
unenforceable without this change. Your explanation motivated me to find and read the 9thCircuit's decision in NUNEZ v. CITY OF SAN DIEGO (1997). Although I am not a legal
expert, I was able to understand the relevant parts of the decision.
As I mentioned, I knew that time, place, and manner restrictions can be imposed on FirstAmendment rights, but the 9th Circuit's decision highlights the importance of carefully
crafting curfew laws to ensure they are constitutional. Although I now understand thereasoning behind the change, I believe that the unfortunate consequence of this change is that
it may render the ordinance ineffective.
Thanks to you, I’m now a little more educated about this area of law. I appreciate your effortsin updating outdated ordinances and removing "zombie laws” or "dead letters.” I suggest
summarizing or referencing the 9th Circuit's decision in the public record for this agenda item.Please feel free to include this letter as a desk item if you find it helpful.
Sincerely,
Linda SwenbergLos Gatos resident
ATTACHMENT 3