THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Friday, September 20, 1996 TAG: 9609200065
SECTION: DAILY BREAK PAGE: E1 EDITION: FINAL
SOURCE: BY SAREIT HESS, HIGH SCHOOL CORRESPONDENT
LENGTH: 136 lines
IT WAS 4 A.M. and all of his friends were acting dumb, joking while he drove them around and around in his friend's 1984 station wagon.
Then a burst of blue lights flashed in the rear view mirror.
``Busted!'' was the first thing that the 16-year-old Salem High junior thought.
And busted he was. The reason: curfew violation.
Since the mid 1990s, teen-agers across Hampton Roads have been banned from the streets from around 11 p.m. to around 5 a.m., depending on where they live and roam. Now, President Clinton is encouraging cities nationwide to adopt a dusk-to-dawn curfew that would take minors off the streets after 8 p.m. on school nights, and after 11 p.m. on weekends. He is modeling this proposal after the New Orleans curfew program.
Already, staying out and getting caught can cost Hampton Roads teens money, time in community service and a bad episode with their parents.
If Clinton's idea is adopted, and some say that it will be, the U.S. Justice Department would require that certain guidelines to be followed - providing a curfew center to receive violators, counseling, recreation and job programs, and a hotline for follow-up services.
Local police say that few teen-agers have been picked up for curfew violations. S.M. Hodges, a police officer in Norfolk's juvenile unit, said that area police tend to pick up youths only after someone has called in and complained.
That was the case with the Salem junior who was picked up earlier this month. A store owner had called the police after noticing that the station wagon had driven up the street a few times.
The driver knew about the curfew and it wasn't the first time he had been caught violating one. Once he got picked up on a military base in Panama.
``In Panama, I was scared,'' he said, because cops are much harsher there. Here, ``the officer just took me home and asked my parents if I cause them any major problems. I then received a warning not to be out so late at night. My parents catching me for sneaking out scared me more than the police officer.''
Be off the streets by nightfall. That's the message that President Clinton is trying to send out. And he's counting on parents to help.
``These are just like the old-fashioned rules most of us had when we were kids,'' said President Clinton in a speech in June in New Orleans. ``When the lights come on, be home.
``They're designed to help people be better parents. They help keep our children out of harm's way. They give parents a tool to impart discipline, respect and rules at an awkward and difficult time in their children's lives.''
The American Civil Liberties Union is arguing against curfews with as much passion as President Clinton is arguing for them. The ACLU has opposed curfews for a number of years, citing an infringement on freedom of movement and association, discriminatory enforcement against minorities (police officers tend to mostly patrol neighborhoods made up of minorities) and the tendency of curfews to divert attention from crime-prevention programs.
``Curfews are the perfect political tool to solve juvenile crime. Cities are desperate for a solution to juvenile crime,'' said Virginia's ACLU executive director, Kent Willis, from his Richmond office. ``Curfews offer a political answer. Cities see politicians appearing to solve the problem (of juvenile crime) even though many police chiefs are arguing against them.''
As more and more cities - such as Dallas, Atlanta and Pittsburgh - adopt curfews, the debate over them continues to boil. There are no statistics on the efficiency of curfews, either nationally or locally, and the mixed opinions given by courts add to the confusion.
``Until a case is heard before the Supreme Court, the controversy over juvenile curfews will never be solved,'' said William J. Ruefle, a criminal justice professor at the University of South Alabama who has done several major studies on curfews. ``The last two years have seen a surge in curfews, yet, even though they have been around for a century, few published documents exist, and there is no empirical research on how curfews work or their effects.''
The United States first used curfews to keep slaves at home, then to control immigrants in the 1890s, and, in one controversial case, to keep thousands of American citizens of Japanese descent off the streets and out of sight.
Lots of teen-agers have curfews imposed by parents. But of the scores of teens from across the country interviewed for this story, all but one opposed any type of juvenile curfew imposed by law.
``What is there to do on the streets at 12 a.m. anyway?'' argued Thysha Shabazz, 15, an Indian River sophomore who favors curfews. ``If it will cut down on the crime rate and save lives, then I think it is justified. But if they (police) want people to follow the curfew hours, then kids need to know that a city curfew exists. ``Most teen-agers don't even know their city has a curfew.''
The effectiveness of curfews is frequently called into question. Some local police officers say curfews deter future and current criminal activity among youths.
``Most of the violators are in some connection with gangs,'' said Norfolk's Hodges. ``The curfew acts as a deterrent to try and keep them off the streets.''
Others, specifically the ACLU, tend to disagree.
``There are no reports that clearly indicate that curfews deter youths. A 17-year-old leaving a movie that ended at midnight is violating curfew, or a 16-year-old sitting on a park bench talking with a friend at 1 a.m. is violating curfew.
``Curfews might deter these kids,'' said the ACLU's Willis, ``but curfews won't deter juvenile crime. Those that already obey the law will obey curfew. Those that break the law, will break curfew.''
Norfolk's curfew calls for a warning for first-time offenders and notification of parents. If the parent is not home, the youth is taken to a detaining center. Second-time curfew busters face a court summons and possibly a fine and community service.
Patty Glover, an intake officer with Virginia Beach's juvenile court service, said that curfew violations can result in a fine of up to $50 or a summons to appear in court with a parent, with a sentence of a fine or community service of one to four days. Repeat offenders' records may be sent to a judge for a referral to a juvenile detention home.
Violating curfew will most likely result in a warning and a ride home escorted by a police officer, especially for a first time offense, Glover said.
But the 16-year-old who got busted for curfew this month can vouch that that's not so a light sentence. Standing on his front stoop with a uniformed police officer and watching his mother's expression go from tired to alarmed to angry only hinted at the punishment to come.
``I know I won't be sneaking out anytime soon,'' said the student, who is now on restriction for two months with no phone, no TV and no going out. MEMO: Sareit Hess is a senior at Kempsville High School. ILLUSTRATION: High school correspondent Sareit Hess is a senior at
Kempsville High School.
[Color Illustration]
JANET SHAUGHNESSY
The Virginian-Pilot
AREA CURFEWS
Chesapeake: 11 p.m. for 16 and under
Norfolk: 11 p.m. for 16 and under
Portsmouth: midnight for under 18
Suffolk: 11 p.m. for 16 and under
Virginia Beach: midnight for under 18
KEYWORDS: CURFEW by CNB