Georgia

Data needed to take on truancy, 18 March 2008, WALB-TV, Albany, Georgia

Commissioners want to get serious with curfew violators including daytime violators who should be in school. They hope that will reduce gang activity.

…

Lott also wants to make sure that while enforcing the curfew, police do not violate anyone’s civil liberties by questioning young adults legally on streets who may look like teenagers. 

Maryland

Curfew plans being altered:  Annapolis council would apply law to entire city, 21 March 2008, Baltimore Sun, Baltimore, Maryland

Rejecting the possibility of a curfew limited to public housing communities in Annapolis, city lawmakers are instead looking into enacting a citywide curfew for youngsters to help reduce violent crime.

…

In 2006, the National League of Cities found that more than half of the U.S. cities surveyed had implemented a daytime or nighttime curfew to deter youth violence, crime and gang activity. 

Oregon

Daytime curfew continues to keep kids in school, 26 March 2008, EastOregonian.info, Pendleton, Oregon

Pendleton Police and school officials report that after nearly three years the daytime curfew ordinance for students continues to be a success.

…

The ordinance, dating from 2005, prohibits students of Pendleton School District, ages 7 and older, to be in public places during school hours. The only exceptions are if the students are accompanied by a parent or guardian, traveling between school and home, or working on a school assignment.

posted by Valerie

Proposal could add daytime curfew for teens, 4 March 2008, WCNC, Charlotte, North Carolina

…

“A lot of times we get kids (truant) who have never done anything,” said Officer Jeff Miller, Charlotte-Mecklenburg Police Department. “They get out with the wrong group of people and make a bad decision.”

…

Police say curfew laws are a tool that allows them to approach young people in the streets and hold parent (sic) accountable.

Lights out in GBC?, 14 March 2008, Athens Daily Review, Athens, Texas

City considers teen curfew

…

Council members appeared to be in agreement that kids should be in school during the day, and in bed well before sun up, while allowing that there are exceptions when kids would not be punished for being on the streets after curfew.

Since some parents home school, their children could be on the streets at different hours.

California

Napa councilman proposes youth curfew to stem gang violence, Napa Valley Register, Napa, California

Two decades ago, Napa tried to adopt a daytime curfew, but ran into opposition from parents who home school their kids.

…

Police also advocated a daytime curfew to prevent gang members from hanging out near Napa High School and causing fights, he said.

“We couldn’t figure out how to make it fair,” Monez said of the day curfew idea. Police ended up enforcing a penal code provision against loitering near school campuses and the daytime problem went away, he said.

Faced with a recent increase in gang violence, the city and local law enforcement agencies intend to create two task forces. One will involve law enforcement in a countywide gang suppression unit. The other will bring together community groups to devise a prevention plan.

Yreka: Parking fines to increase, daytime youth curfew considered, 12 February 2008, Siskiyou Daily News, Yreka, California

The council also discussed amending the city’s current curfew ordinance to create both a daytime and nighttime curfew and include parental liability for lack of supervision and cost recovery.

…

According to council members, juveniles who are absent from school without a lawful excuse ‘frequently congregate and loiter in public parks and other public places in and around business’ during the day.

Ohio

Police oppose curfew, viability of enforcement questioned, 13 February 2008, The Chronicle-Telegram, Elyria, Ohio

The Police Department isn’t embracing it. Nor are school officials.

But nonetheless, a City Council committee tonight will take up the issue of whether the city should have a daytime curfew.

Police Chief Michael Medders said he cannot see how such a law would be beneficial to the city or his officers.

“I don’t know what something like that would accomplish and it would be very hard to enforce,” Medders said. “Right now, Elyria gives some of their students lunch passes, so what would we be expected to do? Determine who’s skipping school and who’s out for lunch?”

What I’ve wondered is, what happens during the summer? Do the bad kids suddenly reform?

posted by Valerie

Last week I learned about a proposed daytime curfew in a neighboring town in Curfew reports around the country that was posted here at News and Commentary by Valerie.

Often we only hear of a few lone parents who oppose proposed daytime curfew laws, but I am happy to report that there is strong opposition in high places to this proposed law. You can read all about it in Police oppose curfew, viability of enforcement questioned by Lisa Roberson of The Chronicle Telegram.

Congratulations to Elyria High School Principal Dianne Quinn and Police Chief Michael Medders who appear to realize that that such a law would infringe on basic rights, would be very difficult to enforce and know that there are already laws in place to deal with any difficulties that may arise!

posted by Mary Nix

California:

• Beaumont council votes to make truancy illegal, 5 February 2008, Press-Enterprise, Riverside, California — “The first ordinance states that it is unlawful for any juvenile enrolled in school full time to remain at a public place or establishment without the consent of the owner or manager during the hours, and on days, when school is in session. It gives students 30 minutes to get to school in the morning and 30 minutes after school to get home, Coe said after the meeting. The ordinance makes some exceptions, including if the child is home-schooled, …”

Illinois:

• A “chill” on the First Amendment and minimal interference of parental authority, 7 February 2008, Corn and Oil — “In Arthur last week at the homeschool support group meeting, there was discussion about daytime curfews. There have been several passed. It’s hard to keep track of which Illinois towns and cities homeschoolers (and others not on The Public School Schedule), might have to prove they’re legally walking the streets or playing in their front yard.”

Ohio:

• Daytime curfew, 6 February 2008, South Elyria Block Watch — “Please be advised that there will be a Public Utilities, Safety, & Environment meeting at 6:00pm on Wednesday evening, February 13, 2008 to discuss the matter of a daytime curfew for 17 and under.”

Pennsylvania:

• Public Safety Log for Feb 2, Bucks County Courier Times, phillyBurbs.com, Philadelphia, Pennsylvania, Juvenile, 15, Bensalem, 11:30 a.m., Thu, daytime curfew violation, cited.
• Public safety log for Feb. 7, Bucks County Courier Times, phillyBurbs.com, Philadelphia, Pennsylvania — Juvenile female, 13, Bensalem, 7:30 a.m., Tue, daytime curfew violation in 4300 block Hulmeville Rd., cited.

I’m still reading through the following pieces, but for the also-adventurous, here are some links concerning curfews for juveniles.

• Qutb v. Strauss, the Texas case affirming limited cufews, and the basis for many other night time curfews.
• Court decisions — Juvenile curfews
• Juvenile curfews and the major confusion over minor rights, Harvard Law Review
• Juvenile Curfews: The Rights of Minors vs. the Rhetoric of Public Safety, American Bar Association
• Why criminalize children? Looking beyond the express policies drving juvenile curfew legislation, New York School of Law

In that last one, I found a paragraph in which I concluded that the wrong people were locked up.

In Robinson v. Board of Regents of Eastern Kentucky University, a female student challenged the curfew, arguing that it was unconstitutional because it violated the Equal Protection Clause of the Fourteenth Amendment.81 The Sixth Circuit upheld the district court’s decision that a curfew that imposes restrictions on women does not constitute an equal protection violation.82 The court reasoned that sex-based classifications are often upheld and explained that equal protection does not require identical treatment.83 The curfew regulation survived the Sixth Circuit’s rational relation test because the state interest in the discriminatory statute was safety: Women are more likely to be attacked and less likely to defend themselves.84 The Sixth Circuit’s safety justification which permitted curfews targeting women effectively kept some young women under lock and key as a precaution against the improper behavior of men.

The women weren’t doing anything wrong, so it should have been the men who were subjected to a curfew. Don’t punish some people for being victims, punish the perps. But I digress.

posted by Valerie

Russellville city council agenda, 17 January 2008 (ca. 3-minute download; 81 “page downs”)

An Ordinance setting a curfew for juveniles under the age of eighteen (18) within the city of Russellville, Arkansas, and for other purposes

Section 3: (a) The City Council of the City of Russellville, Arkansas finds that special circumstances exist within the city that call for the special regulation of juveniles within the city in order to protect them from each other and from other persons on the street during the nocturnal hours and during normal school hours, whether public, private or home schooling, to aid in crime prevention, to promote parental supervision and authority over juveniles and to decrease nocturnal crime rates and crime rates during school hours.

(b) The City Council also finds that there has been a significant breakdown in the supervision normally provided by some parents and guidance for juveniles under 18 years of age, resulting in juveniles being involved in a wide range of unacceptable behavior including vandalism, noisy and unruly behavior, breaking and entering, public drinking and littering, harassment of residents, and more serious violent crimes.

(c) The City Council further finds that the offensive activities of juveniles are not easily controlled by existing laws and ordinances because the activities are concealed whenever police officers are present, and that the establishment of reasonable curfew regulations will enable the community to better control the free and unobstructed access to the streets and public places by the majority of residents and will enable the police to act reasonably and fairly to prevent the violation of laws and ordinances by juveniles.

…

Section 4: For purposes of the Juvenile Curfew Ordinance, the following terms, phrases, words and their derivations shall have the meanings …

(d) Legitimate parentally approved errand means a juvenile performing a necessary task at the direction of the juvenile’s parent, and that the nonperformance of the errand, or delay of performance until after curfew hours have abated, would result in injury or undue hardship.

…

I saw no mention of a daytime curfew. The document is not searchable because it is not a text document, but is a scan of printed pages.

Despite the lack of mention of a daytime curfew, there is a mention of school in the language of the curfew ordinance. I added the emphasis to make it easier to read.

Section 7: (c) At the discretion of the law enforcement officer, any juvenile arrested or cited for violation of the Juvenile Curfew Ordinance may be released to immediately return home or to school, may be escorted to their home or school, or may be taken into custody and delivered to an appropriate location, or juvenile authority, to be held until a parent can be located to take custody of the juvenile.

Sun rises on curfew, 17 January 2008, Russellville Courier, Russellville, Arkansas

The last time Russellville enacted a juvenile curfew — in 1942 — violators were subject to fines of up to a whopping $25.

…

The new ordinance, in what is being termed its “enhanced” form, … although the daytime portion applies only to youths between the ages of 6 and 16.

The ordinance, which is being sponsored by the Russellville Police Department (RPD), and has the support of organizations and agencies such as the River Valley Prevention Coalition and the Pope County juvenile probation office, is designed to provide officers with a tool allowing them to better eliminate the opportunity for juvenile crime by limiting the number of hours during which juveniles are allowed to roam unsupervised, …

Ray Balaster, owner of The Skate Shop, located on West C Street, called a nighttime curfew “not unreasonable,” but added “the daytime thing is just ridiculous.”

“If they want to get kids for not going to school that’s one thing,” he said, but noted he has at least one customer who is home-schooled, and who finishes with his lessons early enough in the day that were the curfew in effect, he might be in violation of the law if he frequented Balaster’s shop at certain times of the day.

The ordinance contains exceptions for situations in which a minor is in the direct supervision of a parent, guardian, or any other responsible adult 21 years or older;

Juvenile curfew on hold for now; Harris to stay on A&P Commission, 18 January 2008, Russellville Courier, Russellville, Arkansas

The Russellville City Council took no action Thursday night on two proposed ordinances establishing a juvenile curfew in the city. The first ordinance called for a curfew of 11 p.m. weekdays and midnight Fridays and Saturdays. The second ordinance expanded the curfew into daytime hours when children are normally in school. After several minutes of discussion, the council decided to meet as a committee to iron out the details of the ordinance before it was taken up for a vote. A meeting date was not set.

Editorial arrows, 19 January 2008, Russellville Courier, Russellville, Arkansas

I support, in theory, the city council’s proposed ordinances to establish juvenile curfews. No official action has been taken as the issue will be discussed further in committee. The nighttime curfew is a no brainer. …. As for the daytime curfew, we do see quite a few children during school hours, but the home-school factor muddies these waters a little bit. We look forward to learning about what solutions come out of committee.

posted by Valerie

Perhaps I haven’t read the blog correctly, and I know I don’t have any inside knowledge of the statistical makeup behind the two entries, but these two bloglines, one right after the other, don’t show the same picture.

I agree with residents defending their town against criminals, but the causes and effects should be shown to have a relationship to each other.

Statistics show crime down 13% in Youngstown since ’06
Daytime curfew initiated in the city

(the reports share a URL)

The obvious question is: If crime is down from before the curfew was instituted, why is a curfew needed now? I’m not questioning the citizens of Youngstown who must live with local conditions, it’s just that the two reports don’t jibe.

I’ve begun collecting information about daytime curfews (so many topics, so little time), and so far have two reports to wade through:

• Juvenile Court Statistics 2003–2004
• Evaluation of the Youth Curfew in Prince George’s County, Maryland (2003)

If anyone is familiar with reports about daytime curfews and how effective/ineffective they are, how the curfews relate to crime statistics in general, and whether or not the daytime restrictions change when school lets out, I’d be happy to see references or URLs to the information.

posted by Valerie

Daytime Curfew, 16 January 2008, WYTV News, Youngstown, Ohio

Police say students need to be in school or at home between the hours of 9:30 AM and 1:30 PM. Kids caught breaking the daytime or nighttime curfews will be arrested, because police say truancy often leads youngsters to commit crimes or other unwanted juvenile behaviors.

posted by Valerie

I reported on a previous discussion about truancy and a daytime curfew Lincoln in December 2007.

Truancy debate to be revived, 15 January 2008, Lincoln Courier, Lincoln, Illinois

Heading into a meeting this evening with a city council committee, a group of parents who home-school their children is continuing its plea that a proposed city ordinance on truancy not be construed as “a daytime curfew.”

That point is raised in a letter Ron Denlinger sent …. Denlinger is a spokesman for the home-schoolers, …

Denlinger, who distributed copies of his letter to local news organizations, said he and the other parents realize that truancy issues need to be addressed.

…

The parents want an ordinance that is directed at chronic truants who have already been identified by Anderson’s office and local school officials. They do not want an ordinance that would allow city police and truancy officers to stop their home-school children during regular, public school hours.

Denlinger has said many parents who home-school their children do not follow the same hours of instruction as public schools. As a result, some home-school students might be running errands, such as shopping or walking pets during times when public school students are in class. The home-school parents are fearful their children would be harassed by authorities if the law reads like a daytime curfew.

The parents group is also against a requirement to register their home-schooled children with the regional superintendent’s office, Denlinger said. Likewise, the group is opposed to badges or IDs for their children that would identify them as home-schooled students.

posted by Valerie

Susan Ryan (usually at Corn and Oil) reports at Illinois Review on an article explaining that picking up all kids outside during the day is justified.

Daytime Freedom endangered in Lincoln

The cities and towns are doing their job for them. The schools have the names, addresses and phone numbers of truant students, but the city will have to check with them or homeschooling parents to make sure they’re picking up the right kids. Because either way, at the least, this infringement on freedom will require ALL the kids be stopped and questioned.

The verdict is guilty before being proven innocent.

Original article: Council stands by truancy ordinance — Home-school parents voice concerns, 28 November 2007, Lincoln Courier, Lincoln, Illinois

A group of parents who home-school their children found little support Tuesday for the changes they want in a truancy ordinance pending before the Lincoln City Council.

…

“You told me (previously) you had two minor things” to be changed, Neitzel told Brian Messner, one of about a dozen parents who attended a city council ordinance committee meeting. “You’ve redone the whole thing.”

Bates said the home-school faction’s suggested changes would “seriously dilute the intention of the ordinance” and also dilute the definition of a truant.

In their version of the ordinance, the parents removed the word “student” several times and replaced it with “truant.”

Bates said he is especially concerned with the home-school parents’ desire to change the definition of a truant. All students – including those who are home-schooled and those enrolled in public or private schools – “are all subject to compulsory attendance,” Bates said.

posted by Valerie