Teen curfews are rising nationwide, raising constitutional concerns.
Backyard BBQs, days splashing in the pool, and family vacations often come to mind when picturing the summer. But for youth, the warmer months of no school and naturally less oversight are also some of the most dangerous.
In 2014, the U.S. Department of Justice’s (DOJ) Bureau of Justice Statistics reported that over a 17-year investigation, it found juvenile crimes increased in June, July, and August. Specifically, burglary and domestic violence increased by 11 percent, while household larceny and motor vehicle theft rates increased by eight percent and nine percent, respectively.
Additionally, the Centers for Disease Control and Prevention (CDC) reported that for June, July, and August 2020, there was an average of 274 firearm-related homicide deaths per month for youth aged 0-19. For the remaining nine months, the average was 221 deaths per month.
That summer uptick held steady for the latest available data in 2021. For June, July, and August, there were 273 firearm homicide deaths per month, while the other nine months averaged just under 249, according to the CDC.
To help combat the uptick in crime and violence, many cities, like Baltimore, implemented or started enforcing teen curfews for just the summer months. However, other cities, like Chicago, have year-round teen curfews, citing a need to also reduce violence during the school year.
Teen Curfews
In April, two teens were shot during a large gathering at Baltimore’s Inner Harbor. In response, Baltimore Mayor Brandon Scott stated in a press release that the city would implement a teen curfew.
“Our young people are Baltimore’s future, and we must devote our resources, time, and energy into making sure that they have the opportunities they deserve to grow and develop into their best selves,” he said.
Baltimore’s city curfew runs from May 26 to Sep. 3 and applies to anyone 16 and under. Anyone 13 and under out after 9 p.m.—and 14 to 16 out after 11 p.m.—may receive a warning for a first-time offense. Third offenses and beyond are subject to a $500 fine or community service for a parent or guardian.
The Baltimore City Council didn’t respond to The Epoch Times’ request for comment.
Similarly, in April, when nine adults and six minors were arrested for “reckless and disruptive behavior” during a gathering of hundreds of people near Millennium Park in Chicago, activists and business owners demanded previous mayor Lori Lightfoot’s teen curfew be enforced.
Ms. Lightfoot implemented a curfew following a teen shooting in May 2022 and said in a press release, “As a city, we must ensure that our young people have safe spaces to congregate and that in those spaces, they are peaceful and actually safe.”
Chicago’s curfew, which is in effect year-round, applies to teens 17 and under and requires them to be escorted by an adult at least 21 years or older if they’re out past 10 p.m.
The Chicago’s City Counsel didn’t respond to The Epoch Times’ request for comment. The Chicago Police Department pointed The Epoch Times to Ms. Lightfoot’s press release when asked for comment on how teen curfews have helped with crime in Chicago.
Curfews and Civil Rights
“Over the past few years, we’ve definitely seen a rise in this idea that minors can’t decide for themselves, and even that parents can’t decide for themselves and for their kids what’s best,” Nikos Mohammadi, the communications director of NYRA told The Epoch Times.
“What curfew laws do is essentially take the power out of the hands of parents and give it over to the government. And that’s infringing on parents’ and youth rights.”
Stephen Howsley, a public policy analyst for Texas Home School Coalition (THSC), a homeschool and parents’ rights advocacy group and one of the groups that worked to ban teen curfews in Texas, agrees.
“Our whole idea behind the juvenile curfew prohibition is we don’t believe that children should be cited, or should have to enter the judicial system, for something that their parents gave them permission to do,” Mr. Howsley told The Epoch Times. “If there’s not an actual crime being committed—such as vandalism or theft or something like that—then just being out and moving between cities, counties, or even within your neighborhood should not be considered a crime.”
In addition to violating a parent’s rights, Mr. Mohammadi said teen curfews violate both the First Amendment and the 14th Amendment—assertions that attorneys have successfully argued in court.
In Ramos v. Town of Vernon, attorneys for the American Civil Liberties Union (ACLU) argued that a Connecticut town’s curfew violated the “right to travel” under the 14th Amendment. A court agreed, stating, “This right to free movement is a vital component of life in an open society, both for juveniles and adults.”
In Jiovon Anonymous and Thomas Anonymous v. City of Rochester, the New York ACLU argued that Rochester’s curfew violated the First Amendment’s right to “peaceably assemble” and infringed on parent’s rights to “direct the upbringing of their children.” A court agreed and ruled, “The issue before this Court is whether the juvenile nighttime curfew adopted by the Rochester City Council violates the Federal and New York State Constitutions. We hold that it does.”
Still, the courts have sided with the city or state in other rulings. For example, the U.S. Court of Appeals for the Fifth Circuit ruled against the ACLU when it challenged the constitutionality of a juvenile curfew enacted in Dallas, Texas.
“Plaintiffs contended that the curfew ordinance violated the equal protection clause of the 14th amendment, the right of association, and the right of privacy,” and a district court agreed, the DOJ’s Office of Justice Programs reports. But when the City of Dallas appealed, the ”U.S. Circuit Court reversed the district court’s decision.”
“Ideally, I would love to have a Supreme Court ruling that deems youth curfews unconstitutional,” Mr. Mohammadi said about the courts siding with both sides of the argument. “But until that happens, curfews could be deemed illegal on the state level. … What Texas has done is a great policy initiative, and I want to see other states do the same.”
Lack of Crime Reduction
On June 9, Republican Texas Gov. Greg Abbot signed House Bill 1819, which essentially bans teen curfew laws in Texas. The law took effect on Sep. 1 and received overwhelming bipartisan support during the Legislative Session.
But after the bill passed, Lt. Krystal Baker with the Copperas Cove Police Department stated, “Not having a curfew ordinance to enforce may have a negative impact on our ability to prevent minors from committing additional crimes during midnight hours and could cause an increase in crime.
“Curfews have played a significant role in deterring criminal activity such as vandalism, theft, drug and alcohol-related offenses, just to name a few, particularly during late-night hours when individuals may be more vulnerable to dangerous situations.”
Both Mr. Howsley and Mr. Mohammadi disagree.
“We haven’t seen a direct correlation between a decrease in juvenile crime and these ordinances being put in place,” Mr. Howsley said. “And we should have plenty of data if that’s the case. These have been in place for years now, and we’ve seen an increase in students getting cited for [curfew violations] that we would argue should not even be considered crimes.”
Mr. Mohammadi added, “Curfews are built on a false assumption of juvenile delinquency—that if you leave teenagers out at night, they’re going to commit crimes and do other horrible things—which is not grounded in evidence.
“Evidence suggests that most youth crime peaks earlier rather than later in the day, and also that most crime isn’t committed by youth. So, there are these laws that are built on stereotypes rather than actual evidence. And I think that’s problematic and discriminatory.”
The DOJ found that only 13 percent of violent crime committed by youth ”occurs during the standard juvenile curfew hours of 10 p.m. to 6 a.m. (inclusive of both school and non-school days).” It added, “Consequently, efforts to reduce offending by youth after school would appear to have greater potential to decrease a community’s violent crime rate than curfews.”
That finding is consistent with other reports on the matter.
During the passage of HB 1819, bill authors stated, “Research by David Wilson, Charlotte Gill, Ajima Olaghere, and Dave McClure published in Campbell Systematic Reviews indicates that juvenile curfew ordinances are an ineffective way to reduce crime and often lead to negative outcomes for youth in school and future interactions with the justice system.”
Texas Appleseed, a data-driven advocacy group that worked with THSC to pass legislation banning teen curfews, reported that before the ban, both Austin and Waco, Texas, eliminated teen curfews. The result was, “Austin saw a 21 percent decrease in juvenile victimization in one year, and Waco has seen no increase in juvenile citation or arrest.”
In an email to The Epoch Times, Laura Felix, the public relations manager for Texas Appleseed, said, “[We] are so pleased that Governor Abbott signed HB 1819, which will do away with juvenile curfew ordinances beginning on Sep. 1.”
In addition to not showing a direct correlation to crime reduction, The Brookings Institution, a non-partisan research group, found that when the District of Columbia passed its teen curfew, there was a rise in crime, not a decrease. “We find that, contrary to its goal of improving public safety, D.C.’s juvenile curfew increases the number of gunfire incidents by 150 percent during marginal hours,” it reported.
Further, Mr. Howsley said that introducing a chil
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