L.A. Curfew in Limbo After Court Voids Long Beach Ordinance

In the wake of a state court ruling declaring a curfew for young people in Long Beach unconstitutional, Los Angeles police have stopped enforcing a similar city ordinance and are seeking a modification of the law from the City Council.

It was at the council’s urging more than a year ago that the 1902 Los Angeles law was dusted off and used by police as a tool in combating gang violence, Police Cmdr. William Booth said. Since then, the curfew prohibiting youths under 18 from being on the street after 10 p.m. unless accompanied by an adult has resulted in about 375 juvenile arrests.

“The law has been a helpful enforcement tool and will continue to be so under its amended version,” Booth said Saturday, adding that the council is expected to rule on a proposed amendment to the ordinance as early as Tuesday

As soon as police became aware of the June 3 state Court of Appeal decision on the Long Beach ordinance, they sought an opinion from the city attorney, he said.

Booth said the amended ordinance aims to address the court’s concerns over the Long Beach law that, like the Los Angeles law, fails to provide instances in which non-loitering minors may be allowed to be out after 10 p.m. The amended city ordinance would allow young people to be out late if on work or family related errands, as well as when returning from meetings, dances or other social activities.

“This is not a watering down of the ordinance,” Booth said of the amended version. “It merely changes the language of the ordinance to make it . . . clearer as to what a juvenile can and cannot do after 10 p.m.”

Should past curfew arrests be challenged based on the appeals court ruling, Booth said he hopes the arrests would stand since “our enforcement practices have been very much in line with how the amended version of the ordinance will read.”

Over the last year, the ordinance has been enforced sporadically. Some authorities have said that some juveniles ignore the curfew because, after being taken to police stations, they are simply released to the custody of their parents. Curfew violators with criminal records, however, may eventually be placed in juvenile detention, and probation violators face possible lengthening of their time on probation or in Juvenile Hall.