Every few years the idea of a teen curfew raises its ugly head in some City or another. Now it's Oakland. Keep kids off the streets and they will stay away from crime. Not so. First of all, it's just plain unenforceable. Second, studies have found, and Oakland seems ripe for this, that such laws are enforced selectively and discriminatorily.
Also see this New York Times article.
Most important, it's likely unconstitutional as hell, although different state courts have ruled in different ways. So far, the matter has not been taken up by the U.S. Supreme Court. (And I hope it doesn't get there soon, or we can guess what the 5-4 decision might be.) The time, place and manner provision of the 1st Amendment comes into play here. But seriously, kids go out, they go to movies, events, their friends' houses and heck yeah, to party. When I started high school in Michigan, we'd stay late for play practice, then go get something to eat. Or we'd go to a movie, then hit the pizza place. Rampaging teen mobs? No, just kids being kids. They deserve the same 1st and 14th Amendment protection adults do.
It's a broad brush aimed at a narrow issue. Several years back, I represented a teen against just such a curfew. The city in question caved and changed its curfew laws.
Yes, some are on the books. When we moved to Massachusetts, I was shocked to find out they had a curfew for teens. That's why, on prom night, they locked us in the school building and after feeding us the classic rubber chicken, had us watch Sound of Music at midnight. Then they "entertained" us in some other ways I no longer remember, until 5 AM, when we were released, no longer a danger to society or to ourselves.
To this day, when I accidentally tune into a radio station and hear that there is yet another sing along Sound of Music somewhere, I cringe.
Got crime? Get real solutions. Enforce the laws you have. Don't make new ones that oppress innocent kids so you can scoop up a few (potentially) guilty ones.
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