Supreme court of the united states of america

JOINT STIPULATION ON DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT

Plaintiffs and Defendants, through their respective counsel, stipulate as follows:

1. 
   Plaintiff Spencer McNeil (“McNeil”) is a minor resident of the town of Amesville, Ames. At all times relevant to this action, McNeil was fifteen (15) years old.
   
2. 
   Plaintiff Juan Perez (“Perez”) is a minor resident of the town of Amesville, Ames. At all times relevant to this action, Perez was fifteen (15) years old.
   
3. 
   Defendant Amesville Playland (“Playland”) is an establishment located in Amesville, Ames. It is an amusement park and arcade whose hours of operation are from 1 p.m. to 11 p.m. on weekdays and from 10 a.m. to 2 a.m. on weekends.
   
4. 
   Stanley Yaznetz (“Yaznetz”) is the owner and operator of Playland.
   
5. 
   On October 17, 2001, the Ames State Legislature adopted the Ames Juvenile Curfew Act (“Ames Curfew”), Ames Gen. L. ch. 87, §1 et seq. The Ames Curfew passed in the Ames House of Representatives by a vote of 56 to 49; it passed in the Ames Senate by a vote of 23 to 18.
   
6. 
   The Ames Curfew became effective on January 1, 2002. A true and correct copy of the Ames Curfew is attached hereto as Exhibit A.
   
7. 
   On Friday, July 25, 2003, at approximately 9 p.m., McNeil and Perez arrived at Playland.
   
8. 
   McNeil and Perez spent approximately three hours on rides and in the arcade at Playland.
   
9. 
   At 12:15 a.m. on Saturday, July 26, 2003, Yaznetz approached McNeil and Perez to ask them if they were under the age of eighteen (18). McNeil and Perez did not respond to Yaznetz’s inquiry.
   
10. 
    Yaznetz asked McNeil and Perez to leave Playland, but they indicated that they wanted to continue playing video games with the tokens they had already purchased.
    
11. 
    Yaznetz called over two Playland employees and together they forcibly escorted McNeil and Perez to Yaznetz’s office on the Playland premises where Yaznetz called the Amesville police.
    
12. 
    At approximately 1:10 a.m., Officer John Garrity (“Garrity”), an Amesville police lieutenant, arrived at Yaznetz’s Playland office where Yaznetz delivered McNeil and Perez into Garrity’s custody.
    
13. 
    Yaznetz has previously detained at least eight (8) other minors and delivered them to the police at Playland.
    
14. 
    Garrity questioned McNeil and Perez and determined that they were minors within the definition of the Ames Curfew. Garrity issued them each a citation instructing them to appear in Juvenile Court and, if found to be without a defense for this violation, to be fined $250.
    
15. 
    At their hearings, McNeil and Perez each testified that they had permission from their parents to stay out past 12:01 a.m. on Saturdays and Sundays during summer vacation. Vanessa McNeil, mother of Plaintiff McNeil, and Jose Perez, father of Plaintiff Perez, testified at their sons’ hearings that the boys had their permission to stay out past 12:01 a.m. on Saturday and Sundays during their vacation.
    
16. 
    The Juvenile Court judge imposed a fine of $250 on each Plaintiff.
    
17. 
    The data contained in Table 22 of Juvenile Offenders and Victims, 2000: A Report of the Ames Attorney General on Statewide Crime 117 (2001) (“Attorney General’s Report”), may be considered by this court for purposes of this action. A true and accurate copy of Table 22 of the Attorney General’s Report is attached hereto as Exhibit B.
    
18. 
    The data contained in Table 1 of The State of the State of Ames, 1993-2003: The Governor’s Report on Statewide Crime 18 (2004) (“Governor’s Report”), may be considered by this court for purposes of this action. A true and accurate copy of Table 8 of the Governor’s Report is attached hereto as Exhibit C.
    
19. 
    In 2000, 183 out of the 276 local law enforcement heads in the State of Ames reported gang-related crime in their municipalities. The American Association of Retired People, Ames Division, Gang Violence and the Elderly in Ames 27 (2001).
    
20. 
    In 2000, 59 percent of violent crimes against children in the State of Ames under the age of 18 occurred either before 11 p.m. or after 5 a.m. Attorney General’s Report at 92.
    
21. 
    In 2000, 36 percent of violent crimes against children in the State of Ames took place in public places. Id. at 103.
    
22. 
    In 2000, 31 percent of violent crimes against children in the State of Ames took place in the children’s own homes. Id. at 95.
    
23. 
    According to a 2001 study that examined 15 juvenile curfews, in 8 cases curfews had no significant effect on the crime rate. James Segal, Curfews: Symbol or Solution? 6 U. Ames L. R. 797 (2001).
    
24. 
    Between 1995 and 2000, violent crimes committed by minors--including murder, robbery, and assault--increased roughly 18 percent in Ames City. Ames City Police Department, Crime Statistics, 1995-2000, available at .
    
25. 
    Between 1995 and 2000, property crimes committed by minors increased 22 percent in Ames City. Ames City Police Department, Crime Statistics, 1995-2000, available at .
    
26. 
    In 2000, 32 percent of all violent crimes committed in Ames City occurred between the hours of 11 p.m. and 5 a.m. Ames City Police Department, Crime Statistics, 1995-2000, available at .
    

By:__________________________ By:_________________________

Jeanne A. Doe, Esq. Gary B. Hamm, Esq.

Attorney for the Plaintiffs Attorney for Defendants Sam Lu and Sarah Jackson

By:_________________________
Samantha Haight, Esq.

Attorney for Defendant Amesville Playland

Dated: June 29, 2004

Exhibit A

Ames Juvenile Curfew Act of 2001

Ames Gen. L. ch. 87, Section 1 et seq.