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COMMONWEALTH v. WESTON W.

455 Mass. 24 (2009)

COMMONWEALTH v. WESTON W., a juvenile (and a companion case).

Supreme Judicial Court of Massachusetts, Middlesex.

September 25, 2009.

Attorney(s) appearing for the Case

James L. Sultan (Jonathan P. Harwell & Anna Eliot with him) for the juveniles.

Miriam S. Pappas, Assistant District Attorney (Loretta M. Lillios, Assistant District Attorney, with her) for the Commonwealth.

The following submitted briefs for amici curiae:

Laura Rotolo for American Civil Liberties Union of Massachusetts.

Brian W. Leahey, Assistant City Solicitor, for city of Lowell.

Cecilia Chen, Barbara Kaban, Francine Sherman, Joshua Dohan, Leah Rabinowitz, Ashley Lewis, & Nicole Dooley for Asian American Legal Defense and Education Fund & others.

Michael Adam Burger for David Ahl & another.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

CORDY, J.

Around midnight on different dates, police officers in the city of Lowell (Lowell) encountered the juvenile defendants outside on the street. Each juvenile was arrested and charged with violating Lowell's "Youth Protection Curfew for Minors" (ordinance), which requires persons under the age of seventeen (minors) to be at home between 11 P.M. and 5 A.M. unless they meet one of a number of exceptions. The juvenile defendants filed motions to dismiss the complaints...

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