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Subjects › Legal › Juvenile Curfews
Reviewed 02/2012

Juvenile Curfews

Contents

Introduction

During the 1990s, a number of Washington cities, towns, and counties 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 combine both of these approaches.

Curfew and parental responsibility ordinances have, however, raised constitutional concerns, and they have not fared well in the Washington courts. In 2003, the state supreme invalidated 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, in addition to being unconstitutionallly vague, it unconstitutionally restricted juveniles' freedom of movement and expression. Previously, in 1973, the state supreme court invalidated a Seattle curfew ordinance on constitutional grounds. Courts in other jurisdictions have also addressed the constitutionality of curfew ordinances, with varying results. Consequently, if a city, town, or county has enacted or is considering enacting a curfew or parental responsibility ordinance, MRSC recommends that the city or town attorney or the county prosecuting attorney, as the case may be, 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.

Legal References

Statutes

  • RCW 35.21.635- Authorizing any "any city or town" to adopt juvenile curfew ordinances
  • RCW 35A.11.210 - Authorizing code cities to adopt juvenile curfew ordinances
  • RCW 36.32.425 - Authorizing counties to adopt juvenile curfew ordinances
  • RCW 13.32A.050 - Authorizing law enforcement officers to take children into custody for violating a local curfew ordinance

Court Decisions

  • City of Sumner v. Walsh, 148 Wn.2d 490 (2003) - curfew ordinance unconstitutional

    The state supreme court held that Sumner's curfew ordinance, which makes it unlawful for juveniles to "remain" in a public place during certain hours, is unconstitutionally vague, because "it does not provide 'ascertainable standards for locating the line between innocent and unlawful behavior'." The court noted that "it may be difficult for a city to draft a curfew ordinance that is not unconstitutionally vague."

  • State v. J.D. , 86 Wn. App. 501 (1997) - curfew ordinance unconstitutional

    The state court of appeals held that the city of Bellingham's juvenile curfew ordinance "infringes on minors' fundamental freedom of movement and expression and is not narrowly tailored to address the problem of juvenile crime" and is unconstitutionally vague.

  • State v. Pullman, 82 Wn.2d 794 (1973) - curfew ordinance unconstitutional

    The state supreme court held a Seattle curfew ordinance to be unconstitutional, while stating that juvenile curfew ordinances "may be permissible where they are specific in their prohibitions and necessary in curing a demonstrated social evil."

  • Nunez v. City of San Diego, 114 F.3d 935 (9th Cir. 1997) - curfew ordinance unconstitutional

    The Ninth Circuit Court of Appeals declared a San Diego, California juvenile curfew ordinance to be unconstitutional for reasons similar to those relied upon by the Washington State Court of Appeals in State v. J.D.

  • Qutb v. Strauss, 11 F.3d 488 (5th Cir. 1993), cert. denied, 511 U.S. 1127 (1994) - curfew ordinance upheld

    The Fifth Circuit Court of Appeals upheld a Dallas, Texas juvenile curfew ordinance, rejecting a challenge based upon grounds of equal protection and a parent's right to rear children without undue governmental interference.

  • Hutchins v. District of Columbia, 188 F.3d 531 (D.C. Cir. 1999) - curfew ordinance upheld

    The District of Columbia Court of Appeals reversed a prior circuit court panel ruling and upheld the district's juvenile curfew ordinance, modeled on the Dallas, Texas curfew ordinance upheld by the 5th Circuit in Qutb v. Strauss.

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 Ch. 9.10 - Curfew Hours for Juveniles, amended 2004
  • Pacific Municipal Code Ch. 9.60 - Juvenile Curfew, amended 2007
  • Tacoma Municipal Code Ch. 8.109 - Curfew Hours for Minors, amended 2003, 2004

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