RSSCity attorney weighs in on curfew proposal
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YAKIMA, Wash. -- Yakima Councilman Micah Cawley called midafternoon Thursday to say he’d asked city legal staff to look into the prospect of neighborhood curfews aimed at curtailing gang activicty in the city.
The idea is to designate certain parts of the city as gang areas and impose a curfew there to keep people of all ages of the streets at night. Cawley doesn’t have a specific proposal; first he’s trying to get an idea of the city’s legal ability to impose such curfews.
It was late in the work day when Cawley and I spoke Thursday, and I wasn’t able to connect with City Attorney Jeff Cutter to get his thoughts in time for the print edition. But Cutter returned my call on Friday, and he did have some insight into the issue.
First a caveat: He stressed that city legal staff is still in the early stages of its research, so this is all broad-strokes kind of talk.
Now, here’s what he had to say:
• The state Supreme Court has not, in its rulings, prohibited cities from setting curfews. But it generally requires that a city be able to defend itself with objective statistics showing need — not just a community perception that gangs operate in a certain area at a certain time.
• There may be additional leeway for temporary curfews in emergency situations. Cawley has said he believes a recent spate of gang shootings in Yakima ought to qualify as an emergency. Cutter said maybe it does and again noted that legal staff is still just getting started researching the matter.
- Pat Muir
A curfew for everyone amounts to martial law. It would be a business killer and impose severe restrictions on everyday life. The Micah Cawleys can sit back in their West side homes and remain critical about crime in "that" side of town where the curfew would be imposed.
The current spike in gang related crime needs to be met with overwhelming police action, such as being done with emphasis patrols. That's a short term fix, then we must work on prevention. Ironically, I believe one such long term preventive measure is a curfew! Anyone under 16 years old should not be out after midnight anywhere in the city. (Unless of course parental consent has been given). The wee hours of the morning are a breeding ground for mischievous activity and emboldens our youth to gravitate toward the glamorous (in their eyes) gang lifestyle.
Ron,
Do you really think that the victims of gang violence care about what side of town Micah Cawley is from? He is making an effort to stop gang violence, and all you can do is make a pathetic, snide remark that is rooted in class warfare. So typical of liberals.
Don't you think that gang shootings are bad for business in these areas? Won't most of these businesses already be closed during the hours of the proposed curfew? You equate a curfew with martial law, then you go on to propose a city wide curfew for teens. What sense does it make to impose a curfew in areas where there is no gang problem?
It's no wonder the people voted you out of office.
Let's just actually enforce the thousands of laws already on the books. We pay for every gang induced trauma. For less than a trip to Harborview we can afford a summer prison camp.
A better use of Mr. Cutter's time would be researching a law requiring the mayor to tuck in his shirt.
I think a curfew for kids under the age of 18 is a good thing..I would never have to worry about my son as he isn't alloud to go out after a certain time and he doesn't get into trouble..but he has had problems with the gangs and has had to defend himself from them..luckly he is a big boy and can defend himself..I think we would have less tagging and shootings if there was acity wide curfew not just in the bad areas...the problem is will the police really enforce it..more then likely not..they don't enforce alot of the laws here in the area..and Micah is a great addition to our city council..he is young and he wants more for the area..I also think if there was more for kids to do in the area they might not get into so much trouble..but almost all of the swimming pools are gone they won't build a water park..there is nothing for kids to do here at all and not all families can afford to send their kids to camp and stuff like that..think about it..KEEP DOING A GREAT JOB MICAH..
Report ViolationA city wide curfew is unenforceable and would bog down our already stressed police and court systems. How many people have to state the obvious before we move in that direction - we must implement more youth oriented programs in this area and they must not be segregated. Targeted curfew amounts to segregating the City in more ways then just a mindset - do we want to support that? Also, if the City is really interested in solving these issues, they will push a stronger neighborhood watch program and provide the resources and support required for this to be a success - we can take back the streets, but only if the citizens are willing to participate. I have a neighborhood watch sign on my street and have NO idea who is in charge of it. Laws, police, and curfews are not going to solve this thing.
Report ViolationI can only imagine that the city attorneys working on this curfew are scratching their heads and wondering what the City Council is thinking by even considering this? Do they really think that the targeted neighborhoods would stand for this?
Not only does such a move have to be justified, Other alternatives, those least restrictive and more effective, must also be considered. Under this more inclusive test, it is not reasonable that targeted curfew would be the top priority of any city council...but it certainly gives us a clue of where our city council is heading...more enforcement!
It is up to the community to presure the City Council to develop a preventative program for the youth and a leadership and empowerment programs for the East Yakima Neighborhoods, including block watch!
This is one alternative, that I believe will not only be more effective, but also more lasting and a step towards integrating this part of town with all of Yakima.
HectorFranco, I agree that there are better ideas for a long term take back of our communities, but those often take time to impliment and city council can't make people participate. Making more enforcement is an immediate solution to problems.
Cawley was looking for a quick temporary fix to a dangerous problem. I don't see alot of other proposals being thrown out there to keep our city safe.
alas Horatio...he has lost his head...but it was empty to start...this is not Iran...this is the USA. When we start down this slippery slope..we all lose. The orignal curfew for juveniles I agree with but you have to change the state constitution or get rid of your liberal supreme court.
But this is over the top is is jsut publicity seeking for an election. Not practical, not legal and invites allegations of discrimination..not jsut along racial lines but class as well.
Get real you need more police,not more laws.
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