Are curfews constitutional?
The U.S. Supreme Court has not ruled definitively on the constitutionality of curfew laws. The Iowa Supreme Court has issued two rulings - one upholding a curfew ordinance in Panora, and another striking down one in Maquoketa on the grounds that it violated First Amendment protections because that ordinance prevented young people from attending civic meetings.
Youth curfews are nothing new. The city of Omaha enacted one in 1880. A few years later, President Benjamin Harrison endorsed the idea. He called them "the most important" local regulation to protect children "from the vices of the street." Flash forward more than 100 years. In 1996 President Bill Clinton also supported curfews for, among other reasons, giving parents "a tool to impart discipline."
Now, some community leaders in north-central Des Moines want a curfew to be part of the conversation about combating recent violence. Several incidents related to gunfire occurred in that part of town in late 2010. Police believe small groups of teenagers were involved in some of those shootings.
Neighborhood groups deserve credit for trying to come up with solutions. The formation of a task force to tackle issues of violence in the city is the right idea - and a reminder of how fortunate Des Moines is to have people who care about their communities. But a curfew is not part of the solution.
There is a lot to consider were the capital city to move in that direction, because this isn't just about whether curfews work to reduce crimes committed by juveniles (the research is limited and mixed). It's about what kind of city Des Moines wants to be.
Depending on how an ordinance is crafted, a curfew can clear the way for police to essentially profile residents based on how old they look.
"We have yet to see a curfew suggested for adults," said Ben Stone of the Iowa Civil Liberties Union, which opposes youth curfews. That's because adults don't like the idea of authorities questioning them if they're walking down the street at 2 o'clock in the morning.
Teenagers have rights as well - including the right to move freely about the world. Or as freely as some parents will allow. Laws should not be crafted based on the presumption that a group of people are up to no good. Unlawful activities should be addressed as they occur. A curfew risks punishing legal behavior - namely gathering in a public place - simply because of someone's age.
Then there's the matter of effectiveness: The young people a curfew is seeking to target likely aren't going to be deterred by a city ordinance.
Neighborhood leaders are not naive. They know the recent incidents of violence are as much about poverty and drugs and gangs as anything. They know it's important for teens to have safe places to gather - and feel like a part of a community.
A curfew sends the opposite message to teens. It tells them they can't be trusted, which is not a message Des Moines should send to its young people.
