Curfew on Juveniles in D.C. Is Overturned by Federal Judge

A federal judge overturned the District of Columbia’s juvenile curfew law Tuesday, saying it violates the constitutional rights of law-abiding youths under 17 and infringes on their parents’ rights to raise them as they see fit.

In a decision that could affect youth curfews in other jurisdictions, U.S. District Judge Emmet G. Sullivan found that the city had a “compelling interest” in trying to reduce juvenile crime.

But he said the district’s council passed the curfew last year without credible statistical evidence that youths commit more crimes or become crime victims more often during the hours of the curfew: 11 p.m. to 6 a.m. on weekdays and midnight to 6 a.m. on weekends.

“In the court’s view, this legislation was not narrowly tailored” enough to justify “the government’s erosion of one of the most . . . valued liberty interests afforded citizens of a civilized society: the cherished freedom of movement,” Sullivan wrote in a 47-page opinion.

The judge especially took issue with the law’s jaded view of parents. “The court is troubled by the implicit assumption . . . that parental control over activities of children in the district has regressed to the point where intervention by city council must replace the authority and discretion of the district’s parents,” he wrote.

The curfew took effect in July 1995 with the strong support of the council and Mayor Marion Barry. Under the law, misdemeanor charges could be filed against youths who violated the curfew and parents or businesses who allowed them to do so.

Council member Harold Brazil, sponsor of the curfew legislation, said he was disappointed and will explore the possibility of filing an appeal or reworking the law.

U.S. Atty. Eric H. Holder Jr. said he believes a statute could be drafted to answer Sullivan’s concerns.

The American Civil Liberties Union brought the suit on behalf of eight juveniles, four parents or guardians, and a Georgetown movie theater.