ROCHESTER, N.Y. (Spectrum News 1) — Fourth of July violence in several upstate New York cities has prompted a response which, if implemented, would make young people stay at home past certain hours. The idea of a curfew, for now — is just that.
There are things most everyone can agree that kids should be doing during the summer. And there are things young people shouldn’t be doing, which is why Rochester’s mayor this week floated the idea of a curfew.
“It is something that I am seriously looking into,” said Mayor Malik Evans. “I think it’s a shame that I have to look into it.”
The mayor’s comments came Monday. The city’s legal team is looking into a possible curfew, after seven people were shot and one stabbed in two incidents during the July Fourth weekend.
In Buffalo, multiple people were shot during a July Fourth street party. The mayor there is also floating the idea.
“We’re going to look into it with our corporation counsel’s office, but also talk to the mayors of Rochester, Syracuse and Albany,” said Buffalo Mayor Sean Ryan. “They’re all facing almost the exact same problem that we are.”
Curfews are designed to keep young people off the streets during certain hours, usually at night. Spectrum News 1 asked young people playing basketball, part of a school summer program, for their thoughts.
“Personally, I think it’s not a good idea because some people want to have fun,” said Jeremiah, 13. “Let’s say they get back late at night and people want to go outside, what if they’re playing basketball and stuff.”
“I think they should just like, not do it, because people have fun,“ said Xavier, 12.
“It’s the city’s response to what’s happening, and it’s an appropriate response to what’s happening,” said Jerome Ward, CEO of Chisel Collective. “But a curfew should be set at home.”
Ward describes Chisel Collective as a community-based organization that works with parents and young people on issues like emotional trauma, mental health issues and financial stresses — issues which often contribute to troubles at home.
“The sense of community has been lost to a certain degree,” said Ward. “Even if you didn’t have someone in the household, they may have been at work, but you had someone in that neighborhood that will hold you accountable.”
“Whenever there’s a curfew imposed by a city or town, I mean it has to be balanced,” said attorney Greg Rinckey, of the legal firm Tully Rinckey.
Rinckey says a curfew has to pass constitutional scrutiny, and be narrowly tailored to a compelling government interest — for example — a response to late-night shootings. Rochester had a curfew for young people from 2006 to 2009, but the courts struck it down.
“Rochester has had some issues with curfews because they were not narrowly tailored,” said Rinckey. “And actually the evidence shows that the majority of the gun violence was taking place outside of the curfew hours.”
The New York Civil Liberties Union is weighing in on talk of a curfew, specifically addressing Rochester’s previous attempt at one. The statement reads, in part: “Rochester should respect the rights of parents and the precedent of the court of appeals. It should not repeat its earlier missteps. Instead of forcing young people indoors, Rochester officials should invest in community-based care for young people and their families, including mentoring, mental health support, and case management.”
“I think that it’s a part of a larger part of a larger necessary kind of remedy that we need,” said Ward.
It’s a remedy which Ward says ultimately goes beyond what government alone can do.
“We can implement curfews; we can implement all these different things,” he said. “But when we’re talking about children, it starts at home.”
