In Depth With Dan Haggerty: Curfews
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