Advertisement

Tough Curfew Rejected After Parents Protest

Share via
SPECIAL TO THE TIMES

Changes in the city’s youth curfew ordinance, which would have included daytime restrictions, were quickly shot down by residents and City Council members Wednesday evening because of concerns that it might violate minors’ fundamental constitutional rights.

Resident Mary Parker received a round of applause after telling the council that a daytime curfew would interfere with the rights of children who are on split school schedules, home-schooled, or simply look younger than they are.

“For school-age children, this would be unconstitutional, and inhibit freedoms citizens have to conduct their daily lives,” Parker said. Once stopped by police, the burden of proof would be on the minor, which could also be considered unconstitutional if they are acting in a law-abiding manner, she said.

Advertisement

Another parent said she could see her child being unduly harassed if the revised ordinance was passed. Elaine Wolf’s son is a high school graduate and full-time college student who works 17 hours a week.

“Every Friday night, he goes to Laser Star [a business where people can play games of laser tag], which closes at midnight, and then he goes to Carrows; I know where he is,” Wolf said. “Under this new curfew, he would become a criminal. I want to see a law that doesn’t step on his rights, rather than have him serve as a test case.”

Wolf and other parents said police should use existing juvenile truancy and loitering laws to deal with youths.

Advertisement

Under the revised ordinance, evening curfew would have remained 10 p.m. to 6 a.m. Sunday through Thursday but extended two hours on weekend nights to midnight to 6 a.m.

The existing ordinance holds parents or guardians responsible if they allow minors out unaccompanied during curfew hours. But under the revised ordinance, owners or operators of establishments would have also been held responsible if they allow a juvenile to remain in their facility during curfew hours.

Council members echoed the parents’ concerns.

“I am not a fan of curfew laws, and am very concerned over the constitutionality of it,” Councilman Bill Liebman said.

Advertisement

Liebman said if the law were enacted, it would require ushers at Edwards Cinema and employees of fast-food outlets to ask for identification.

The council voted unanimously to send the ordinance to its legislative committee for more study. City Atty. Robert Flandrick recommended the changes after a federal judge struck down San Diego’s juvenile curfew law earlier this year, calling it too vague.

Advertisement