The city of Patterson, New Jersey is discussing a curfew that will involve all adults. This would be the first United States non-emergency curfew, if it becomes law.
"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," Mayor Jose Torres said.
A 29 year old man was gunned down last week in his car. It is understood it was a tit-for-tat battle between rival groups, though the police refuse to call the groups, gangs. The whole community has been spiraled into a reign of fear and terror, even though the number of homicides and shootings are lower than for the same period last year.
Roughly 147,000 residents live in third largest city New Jersey’ Patterson and will come under the influence of the curfew. The authorities are resolute in their determination to halt the violence.
From midnight to 7.a.m. people will be banned from loitering outdoors. Violators will face up to a $2,000 fine and 90 days in jail. The curfew would be imposed for two months, with people in transit being exempt.
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.’ As curfews for adults infringe upon fundamental constitutional rights, they are subject to strict judicial scrutiny.
The Supreme Court of the U.S. 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 overwhelming state interests that are narrowly tailored to serve the curfew’s goals. Courts are not eager to rule that an interest advanced by the town authorities is compelling. Such curfew can only be applied if the community has been devastated by flood, fire, or disease, or the welfare and safety of the people is threatened.
‘Temporary restrictions on the rights of a person…are a reasonable means of reclaiming order from ANARCHY so that all might exercise their constitutional rights freely and safely,’ was the ruling of a California court.
It will be interesting to see if Patterson’s authorities will be able to implement a curfew without declaring the offending ‘groups’
The legal director of the state ACLU, Ed Barocas revealed, “The American Civil Liberties Union has already successfully defeated several juvenile curfews in New Jersey courts “. Legal challenges to the curfew ar a distinct possibility.
Various Patterson residents consider the curfew will only drive the violence indoors. Others are worried at the inability of the police to be able to differentiate between the gang members and the general public.
New Orleans, New York City and Jersey City are cities that have previously imposed curfews in nominated areas, such as parks, but those bans were not citywide.
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