Northwood News ♦ December 2011

To Curfew or Not to Curfew, That’s Not the Question

By Jim Zepp

For the last five months, a hotly debated topic across the County has been whether a proposed curfew law (County Council Bill 25-11) — that would prohibit teenagers under 18 years old from gathering and remaining in public places between 11 p.m. and 5:00 a.m. Sunday through Thursday and between midnight and 5:00 a.m. on Friday and Saturday — should be adopted.

There are 10 exceptions for various permitted reasons related to job, school, or religious activities.  Another exception being considered is for attendance at entertainment events.  Violators would be detained by police until reclaimed by their parents and could be charged with either a criminal or civil offense.  If a parent does not respond, then the officer would contact the Department of Juvenile Services.

This legislation was in response to a crime incident that was described in the Montgomery County Police Department’s (MCPD) Third District Weekly Crime Report in the following manner:

On 13 Sept., the County Executive sent a letter to the County Council amending his original bill, which reduced its penalties to simply a Class B civil fine of $100 for a first offense.  The ability to require violators to perform community service and their parents to attend parenting classes were also removed.  These changes were made due to an opinion by the County Attorney that the original set of penalties was illegal.  Consequently, even with the adoption of the curfew law, the police would not be able to arrest anyone for a curfew violation.  The letter states that any arrests would use an existing law that forbids disobeying a police order preventing a public disturbance.  From this, it is evident that the police already have the authority to arrest any individuals who would be the targets of curfew violations if they choose to exercise it.  More details about aspects of this proposed law and subsequent proposed amendments can be accessed at the County Executive’s online FAQ at www.montgomerycountymd.gov/council/resources/files/bill/2011/Packets/ 20111206_10.pdf.  [Note:  Original URL in printed newsletter no longer active.]

In response to these concerns, Council Member Phil Andrews, who chairs the Council’s Public Safety Committee, introduced a bill (35-11) that would establish a loitering/prowling offense which, unlike the proposed curfew, would apply to all age groups at all times and would provide the police with arrest authority.  It is based on a national model law that has passed court challenges in Georgia, Florida, and Wisconsin.  The County Council is expected to decide on both bills in early December.

The County PTA, civil rights, students, and various community groups have been arguing the issues of effectiveness of these measures in controlling or preventing crime as well as the potential for abuse or unnecessary restriction of citizen rights.  Although the MCPD has officially supported the curfew bill, the police union — the Fraternal Order of Police — has opposed it.

Research studies on curfews have generally found them to be ineffective in controlling crime, especially when other support services — such as having curfew centers to take violators — are not provided.  The county has no plans to provide any such support services or personnel beyond those currently available to deal with youth who are on the streets late at night.

A finding from the evaluation of the Prince George’s County curfew and some other studies are that curfews are rarely enforced because police officers often believe that their time is more productively spent on dealing with more serious crimes.  This has led to some jurisdictions to assign personnel to only curfew enforcement, such as Dallas, Texas, which has 30 officers on curfew duty.

Unfortunately, all of this debate on curfews and loitering enforcement has largely served to distract attention and resources from the underlying causes of the concerns for safety in Downtown Silver Spring and the surrounding communities.

Jurisdictions in the U.S., England, and Australia have recognized that the creation of successful night-time entertainment districts will engender problems of late-night crowd control; needs for adequate transportation, dining, and sanitation facilities; public drunkenness; and public safety concerns.  Those which have chosen to take a proactive approach have developed Night-Time Economy Management Plans, which include policies and practices to assure adequate public and private services and facilities as well as anticipating potential conflicts caused by overcrowding.

With Downtown Silver Spring’s revitalization, a similar plan should be developed to maintain this success and keep the area enjoyable for residents.   ■