After debating a proposed youth curfew at length at a work session Tuesday evening, the Fayetteville City Council voted 7-2 to continue the debate at next week’s regular council meeting.
Council members Mario Benavente and Deno Hondros voted against the measure.
The ordinance was put forward by Police Chief Kemberle Braden in the wake of recent gun violence in the city that includes shootings involving minors as perpetrators or victims. It also comes on the heels of 30 car thefts involving youth perpetrators.
“We understand this is a tool,” Braden said. “It’s not going to solve all the problems.”
Council member Kathy Jensen supported the ordinance, arguing that it would help reduce gun violence among juveniles.
“As a mom, I do not see how I cannot support this,” Jensen said.
The latest deadly shooting involving a juvenile in the city was reported about 8:45 p.m. Saturday, according to a Cumberland County Sheriff’s Office news release.
A juvenile whose name was withheld because of his age is in custody on a first-degree murder charge, the release said.
According to the draft ordinance, anyone younger than 18 would be prohibited from being in public from 1 to 5 a.m. weekends and midnight to 5 a.m. weekdays. Braden said it copies the youth curfew ordinance for Cumberland County, so as to avoid confusion.
The ordinance includes several exceptions for kids who might have an excuse for being out late, including anytime they are accompanied by a parent or guardian, going to and from a place of employment, or in an emergency situation, among other exceptions.
Once a police officer spots a juvenile in a public place in violation of the curfew, the ordinance instructs the officer to have the child call his or her parents to pick them up. If parents or guardians don’t immediately respond, the juvenile would be held at the police department being processed by the Cumberland County Department of Social Services.
Braden, when pressed by Benavente, said he had not spoken to DSS about how this process would work. He said it would be left to the officer’s discretion what to do if the parent comes to pick up the juvenile. He compared the situation to a traffic stop.
Benavente criticized that element of the proposed law.
“My greatest concern is that you’re going to use this as a chance to stop and frisk anyone who looks under age,” Benavente said.
Benavente also criticized a lack of statistical evidence showing such measures have worked in other cities, a point Braden later conceded.
Despite the lack of evidence, Braden said his own “real-world citations” demonstrate the extent of youth crime at night. He said nine juveniles had been charged in 40 incidents in recent weeks, resulting in several late-night pursuits.
Public reaction
Constituents seemed to have mixed reactions to the news.
Rakeem Jones, who has a teenage child, told CityView the ordinance will do little to stop youth crime. From his perspective, he said, most of the kids who commit crimes are doing so during school hours when they are at home unsupervised.
“Why are you going to arrest all these kids for no reason — for being young and walking outside?” Jones said. “Imagine if I’m in an apartment complex or I’m a kid that lives right here (outside city hall), and I just come downstairs and stand out in front of my building. I’m just out here just chilling and tapping my foot. Oh, time passed. Now I’m arrested.”
Similar to the concerns raised by Benavente, Jones said the ordinance will disproportionately affect kids in underserved communities.
“These young dudes, the ones that’s actually going to be affected by this, it’s going to be hell, and it’s going to cause trouble in certain neighborhoods. They’re not going to have all the police downtown.”
Jones also worries about the potential for juveniles to be in DSS custody if their parents or legal guardians are working and unable to answer the phone.
“I’m going to be totally honest: I take care of a kid that was in DSS,” Jones said. “It’s hell to get these kids out.”
Cynthia Lee, who also attended the work session, said she is on the fence about whether the council should enact the ordinance. She appreciates that the ordinance could bring some accountability to parents of delinquents, yet she worries that leaving the curfew’s enforcement up to an officer’s judgment could lead to miscommunication troubles.
“It’s a very subjective tool,” Lee said of the ordinance. “The officers just need to get to know the kids in their community. They need to get to know them. Really, they need to live in the community that they serve.”
The council will continue discussing the ordinance at its next regular meeting, scheduled for 7 p.m. Monday.
- Do you think a youth curfew would help reduce incidents of gun violence among youths in Fayetteville? Why or why not? Share your thoughts at talk@cityviewnc.com for inclusion in an upcoming edition of CityView’s news website and newsletter.
Evey Weisblat can be contacted at eweisblat@cityviewnc.com.
