CINCINNATI — City officials spent much of Tuesday morning discussing the enforcement of a curfew for parts of the city, but it's still a ways off from becoming city law.
The city's Public Safety & Governance committee heard from City Manager Sheryl Long, CPD Chief Teresa Theetge and other community leaders as new details of the curfew and how it would work were presented.
Long said her office is looking at the fall for a full roll-out of the curfew, because they still need time to finalize contracts with organizations involved in the plan and work out details.
Here's how the curfew, as it was presented on Aug. 5, could operate if passed:
Two ordinances have been drafted to modify the city's existing curfew and create the version of a curfew Long's office is seeking to implement.
The first ordinance would change existing city law to include a city-wide curfew time of 11 p.m. to 5 a.m. for all unaccompanied minors under the age of 18. The city's current curfew language has varying curfew times based on the age of the teenager, and instead create one specific time for all minors.
The second ordinance examined would carve out a portion of the city and create a separate curfew time for that zone only. It would make areas in the Central Business District and Over-the-Rhine off-limits for minors between 9 p.m. and 5 a.m., with some exceptions.
These are the exceptions that were listed in the presentation:
- Accompanied by a parent or guardian
- Emancipated
- Exercising First Amendment rights
- Going to or from work
- Attending a school, religious or city-sponsored event
- An emergency
- Interstate travel
- Being on the sidewalk outside of their own home
- Running an errand or activity directed by the minor's parent or guardian
The curfew would be in place year-round — not just during summer months. Long previously told council members she wanted to make sure the curfew would be enforced consistently and provide the city with qualitative and quantitative data on hot spots, problem areas and other nuanced issues contributing to youth crime.
What happens if someone is caught violating the curfew?
Long and Theetge laid out a comprehensive plan for how the Cincinnati Police Department, along with community partners, would plan to handle juveniles who aren't following the curfew.
First, a Cincinnati police officer will engage with the minor and encourage them to go home; if they comply, the interaction ends there. If they don't comply, CPD can detain the child. If that child has outstanding charges, they will be taken to the juvenile detention center.
If not, it's up to the officer on how to handle the situation. If a child's parent or guardian can be reached, the officer can choose to drive the child home and hand them off to that adult. The officer can also request the parent or guardian come pick up the child.
However, if a parent or guardian can't be reached, the CPD officer can take the minor to one of two places: Either the Seven Hills Community Center, where staff will take up the job of contacting the child's parent or guardian, or to the Mecum House run by Lighthouse Youth & Family Services if the child needs to stay into the overnight hours.
Both facilities will provide the juvenile with food, water and a safe place to wait until their parent or guardian can be contacted. Kids will also have access to counseling and other services while they wait.
"I want to be clear that the goal is to get kids home safely," said Long.
The ordinance also says the parents of the child could face penalties for curfew violations.
Emily Woerner with the city solicitor's office said adults in charge of the child will receive a warning on the first offense, but the penalty will escalate to a minor misdemeanor after that.
But there are still details to work out
Woerner said under Ohio law, police can only hold a minor in custody for up to three hours to contact a parent or guardian.
If no adult can be contacted, it's possible the child could then be charged with a curfew violation — something council has stated is a last resort option. Council members discussed that this is where community leaders and organizations, like those led by Iris Roley, could step in instead. No specifics around how those organizations would specifically help were laid out during the meeting, however.
The committee also asked Juvenile Judge Kari Bloom to the dais to address the issue of charges the juvenile could face as a result of a curfew violation.
"A curfew violation in the city of Cincinnati and in any of our municipalities in our county is a status offense, meaning that it's only against the law because of your age or because of who you are," said Bloom. "That means that you cannot be taken to 2020 or incarcerated solely on that charge."
That status offense could go on a child's juvenile record and would have to be expunged later; However, federal law states that a child facing only a curfew violation can't be admitted into a detention facility, Bloom said. This contradicts the ordinance, which says if parents cannot be reached to collect their children, a Cincinnati police officer can take them home or to juvenile court, the ordinance says.
Bloom also pointed out that Mecum House is a voluntary shelter, so juveniles are within their rights to leave if they are not in law enforcement custody.
Why a curfew?
City officials stressed that the curfew is one of many efforts to curb juvenile crime happening in the city — including expanded Rec Center activities at night, activation of community partners and organizations and programs providing youth with pathways to employment.
However, kids are still gathering downtown and staying out into late hours, which can lead to them getting involved with or becoming a victim of crime, Theetge said. She added that the 9 p.m. curfew district is crucial to helping curb any of that.
"I think they go down there because it is to see people and be seen," said Theetge.
Socialization is a major draw for kids who can easily hop on a Metro bus with their friends and head downtown to meet others, she said.
But it's after the socializing, as the night goes on, where juveniles can get disorderly or involved in trouble, Theetge said.
An advocate who works with Roley spoke to the committee, telling them that kids also go downtown because they're not necessarily aware they're welcome elsewhere.
"Sometimes they don't know that they are welcome in the rec centers as much as they are, so they come [downtown] to play and hang out," he said. "It's just a place to hang out, for them."
Committee Chair Scotty Johnson wound down the conversation around the curfew with a demand for parents to step up alongside the police and community leaders who are working to keep kids safe.
"It's ultimately incumbent on our parents to accept the responsibility and the gift you got from God in protecting your children," said Johnson. "It is your responsibility, parents, to protect your children. We're doing everything we can ... if it takes us assisting you, that's what this curfew is."
You can read the ordinances related to the curfew in full below:
