The New Jersey city of Patterson, are considering a curfew that will include all adults. If passed, this would be the United States first non-emergency curfew.
Mayor Jose Torres said “We’re trying to think outside the box. This idea was triggered predominantly by fear among city residents, over the shootings that have been occurring this summer.”
Last week a 29 year old man was gunned down in his car. It is believed it is a tit-for-tat battle between rival groups, though the police refuse to call them gangs. The entire community has been flung into a reign of fear and terror, even though shootings and homicides are down for the same period last year.
The authorities are determined to curb the violence. Patterson is New Jersey’s third largest city, with around 147,000 residents.
The curfew would be imposed for two months, with people being forbidden to loiter outdoors, from midnight to 7.a.m. Violators will face up to a $2,000 fine and 90 days in jail. People in transit will be exempt.
The legal definition of ‘curfew’ is a law, regulation or ordinance that forbids certain people, or particular classes of people from being outdoors in public places, at certain specified times of the day. Curfews for adults touch upon fundamental constitutional rights and are thus subject to strict judicial scrutiny.
The U.S. Supreme court ruled that ‘the right to walk the streets, or to meet publicly with one’s friends for a noble purpose, or for no purpose at all – and to do so whenever one pleases – is an integral component of life in a free and ordered society.’
A government-imposed curfew on adults must be accompanied by a compelling state interest, that is narrowly tailored to serve the curfew’s objective. Court’s are reluctant to find that an interest advanced by the government is compelling. This can be implemented only if the community has been ravaged by flood, fire, or disease, or the safety and welfare is otherwise threatened.
The California court ruled, ‘Temporary restrictions on the right…are a reasonable means of reclaiming order from ANARCHY so that all might exercise their constitutional rights freely and safely.”
It will remain to be seen if Patterson authorities will be able to implement a curfew without classing the ‘groups’ as gangs creating a threat of anarchy.
Legal challenges to the curfew are a strong possibility. “The American Civil Liberties Union has already successfully defeated several juvenile curfews in New Jersey courts, “ said Ed Barocas, legal director of the state ACLU.
Some Patterson residents believe the curfew will only drive the violence indoors. Others are concerned at the inability of the police to distinguish between the gang members and the general public.
New Orleans, New York City and Jersey City are among cities that have previously imposed curfews in designated areas, such as parks, but those bans were not citywide.
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Tags: adult curfew, first non-emergency curfew in US, gang warfare, gang warfare in Patterson, Patterson officials want adult curfew
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August 23rd, 2009 at 8:45 pm
Adults Face Unprecedented Curfew…
When things get so rough that even adults are placed under a curfew, one would suspect its time to leave the neighbourhood….