In Depth With Dan Haggerty: Curfews

As Fayetteville discusses a youth curfew ordinance, Dan Haggerty goes in-depth to see if they work, if the police have enough resources to enforce them, and if they are legal.
Posted 9/12/2023, 12:12:00 AM Updated 9/12/2023, 12:58:42 PM

SYSTEM. SHIRLEY JACKSON, WRAL

NEWS, RALEIGH.

>> LET'S TALK CURFEWS FOR A

MOMENT. AS JULIE WAS MENTIONING

IN THE LIVE CENTER EARLIER,

FAYETTEVILLE CITY COUNCIL IS

EXPECTED TO VOTE ON A CURFEW

FOR KIDS AND TEENAGERS.

TONIGHT, THE RULE SAYS THAT

THEY HAVE TO BE KIDS BACK HOME

BY MIDNIGHT ON WEEKDAYS AND

01:00AM ON WEEKENDS. BUT

THERE'S A LOT TO CONSIDER HERE.

FOR INSTANCE, DO CURFEWS WORK.

AND IF THEY DID WORK TO POLICE,

EVEN HAVE THE RESOURCES TO

ENFORCE THEM. WHAT RIGHTS TO

PEOPLE ACTUALLY HAVE WHEN IT

COMES TO CURFEWS WERE GOING TO

TOUCH ON THAT FOR JUST A

MOMENT. CITIES, OF COURSE, HAVE

BEEN PASSING CURFEW RULES FOR

DECADES NOW IN THAT TIME,

LAWSUITS AND COURT DECISIONS

OF GIVING US A BETTER PICTURE

OF WHAT'S ACTUALLY LEGAL.

SO LET'S GO IN DEPTH.

NOW. YOU MIGHT BE THINKING,

HEY, THESE ARE JUST KIDS RIGHT

THERE UNDER 18. THEY'RE

JUVENILES. THEY DON'T HAVE THE

SAME RIGHTS AS ADULTS AND

THAT'S ACTUALLY TRUE ON SEVERAL

FRONTS IN THE U.S. SUPREME

COURT CASE FROM THE 70'S WILL

MINORS CAN BE TREATED

DIFFERENTLY IN MANY CASES

BECAUSE OF, QUOTE, THE

PARTICULAR VULNERABILITY OF

CHILDREN, THEIR INABILITY TO

MAKE CRITICAL DECISIONS AND

INFORMED MATURE MANNER. OF

COURSE, MINERS DO STILL HAVE

FIRST AMENDMENT CURFEWS MUST

INCLUDE EXEMPTIONS FOR THAT

SORT OF THING. FREEDOM SPREE

SPEECH, FREEDOM OF RELIGION

AND ASSEMBLY. ALL RIGHT THERE

AMONG THE EXEMPTIONS INCLUDED

IN FAYETTEVILLE'S RULE, THOUGH,

STILL OPEN TO INTERPRETATION

ISN'T KNOW, OFFICER, THIS ISN'T

A PARTY. IT'S MY RIGHT TO

ASSEMBLE. YOU KNOW, THAT SORT

OF THING. OF COURSE, WE ALSO TO

THINK ABOUT THE PARENTS.

WHAT ARE THEIR RIGHTS SHOULD

BE UP TO PARENTS TO MAKE THE

RULES FOR THEIR KIDS AND DECIDE

HOW TO DISCIPLINE THEM. NOT

CITY COUNCIL. WE LOOKED A

VIRGINIA COURT CASE THERE FROM

1998. A GROUP OF PARENTS

CHALLENGED A CURFEW IN

CHARLOTTESVILLE SAYING IT

INFRINGES ON THEIR RIGHT TO

RAISE THEIR CHILDREN. THE 4TH

CIRCUIT COURT OF APPEALS FOUND

THAT A TOWN CURFEW ACTUALLY DID

NOT TARGET PARENTS OVERALL

RIGHTS, BUT SIMPLY THE RIGHT

FOR PARENTS TO CONTROL THEIR

CHILDREN'S MOVEMENT. THE COURT

RULED THAT RIGHT IS NOT AN

INTIMATE FAMILY DECISION THAT

COULD BE ENTITLED TO

PROTECTION. NOW, THESE ARE ALL

CASES FROM OUTSIDE OF OUR

STATE, NORTH CAROLINA. THE

COURTS HERE DON'T REALLY HAVE

MUCH HISTORY WHEN IT COMES TO

YOUTH CURFEWS. BUT WE DO KNOW

STATE LAW ALLOWS THEM TO EXIST.

IT SAYS A COUNTY MAYBE

INAPPROPRIATE ORDINANCE IMPOSE

A CURFEW ON PERSONS OF ANY AGE

LESS THAN 18, BUT THAT'S ABOUT

IT. EVEN THE U.S. SUPREME

COURT, THEY HAVEN'T REALLY

TAKEN UP JUVENILE CURFEW LAWS

BEFORE THE COURT HAD A CHANCE

IN 1976. BUT THEY TURNED THAT

CASE AWAY. SO THERE'S STILL A

LOT OF QUESTIONS. WE DON'T KNOW

THE ANSWERS TO HOW A CURFEW

WOULD IMPACT THE RIGHTS OF AN

ADULT WHO LET'S SAY JUST LOOKS

YOUNG. WHAT I MEAN IS CAN

OFFICER STOP AND QUESTION A

YOUNG-LOOKING 20 YEAR-OLD

WALKING TO WORK, FOR INSTANCE,

JUST BECAUSE THEY HAVE A BABY

FACE AND WHAT HAPPENS IF THE

INITIAL STOP THEN LEADS TO

SOMETHING ELSE, MAYBE SOMETHING

MORE SERIOUS. THESE ARE

QUESTIONS WE STILL NEED ANSWERS

TO. BUT IN THE END AS IT OFTEN

DOES COME TO WITH POLICE.

WHAT THIS REALLY COMES DOWN

TO IS DO WE TRUST LAW

ENFORCEMENT TO EXERCISE THAT

POWER THAT WE PROVIDE THEM IN

THIS CASE? THE POWER OF A

CURFEW. LET ME KNOW WHAT YOU

THINK ABOUT THIS E-MAIL ME AT

DAN AT WRAL DOT COM. WE'LL LET

YOU KNOW. OF COURSE WHAT

HAPPENS IN FAYETTEVILLE?

REACH OUT FOR ME TO ME FOR