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SUBJECTS › LEGAL › Juvenile Curfews
Updated 04/09

Juvenile Curfews

During the past decade, a number of Washington city and towns have passed juvenile curfew or parental responsibility ordinances in reaction to concerns about both juvenile crime and juvenile safety. Curfew ordinances prohibit, with certain identified exceptions, juveniles from being in public places during certain night hours and subject them to potential civil fines, while parental responsibility ordinances impose civil penalties on parents of minor children found in violation of curfew restrictions. Some ordinances enacted by cities combine both of these approaches.

Curfew and parental responsibility ordinances have, however, raised constitutional concerns, and the state supreme court invalidated, on January 23, 2003, a city of Sumner curfew and parental responsibility ordinance on the ground that it was unconstitutionally vague. In 1997, the state court of appeals invalidated a Bellingham curfew ordinance on the basis that it unconstitutionally restricted juveniles' freedom of movement and expression. Courts in other jurisdictions have also addressed the constitutionality of curfew ordinances, with varying results. Consequently, if a city or town has enacted or is considering enacting a curfew or parental responsibility ordinance, MRSC recommends that the city or town attorney be consulted concerning the impact of these court decisions.

For a brief overview of this issue, see "Juvenile Curfews," by Robert R. Meinig, MRSC Legal Consultant, revised July 2003.

Reference Sources

Documents

Articles

  • "Juvenile Curfews," by Robert R. Meinig, MRSC Legal Consultant, revised January 2003
  • "Out in the Street: Juvenile Crime, Juvenile Curfews, and the Constitution," by Craig Hemmens and Katherine Bennett, 34 Gonzaga Law Review 267 (1999)

Ordinances

(Note that the state supreme court's decision in City of Sumner v. Walsh, 148 Wn.2d 490 (2003), does not necessarily mean that all curfew ordinances in this state are unconstitutional.  However, the language of any curfew ordinance should be reviewed in light of the holding in that case.)

  • Auburn Municipal Code Chapter 9.10, Curfew Hours for Juveniles (amended in 2004 in response to City of Sumner v. Walsh)
  • Tacoma Municipal Code Chapter 8.109, Curfew Hours for Minors (amended in 2003 and 2004 in response to City of Sumner v. Walsh)