Curfew
Youth rights |
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A curfew is an order specifying a time during which certain regulations apply.[1][2] Examples:
- An order issued by the public authorities or military forces requiring everyone or certain people to be indoors at certain times, often at night. It can be imposed to maintain public order (such as those after the Northeast Blackout of 2003, the 2005 civil unrest in France, the 2010 Chile earthquake, the 2011 Egyptian revolution, and the 2014 Ferguson unrest), or suppress targeted groups. Curfews have long been directed at certain groups in many cities or states, such as Japanese-American university students on the West Coast of the United States during World War II, African-Americans in many towns during the time of Jim Crow laws, or people younger than a certain age (usually within a few years either side of 18) in many towns of the United States since the 1980s; see below.
- An order by the legal guardians of a teenager to return home by a specific time, usually in the evening or night. This may apply daily, or vary with the day of the week, e.g., if the minor has to go to school the next day.
- A daily requirement for guests to return to their hostel before a specified time, usually in the evening or night.
- In baseball, a time after which a game must end, or play be suspended. For example, in the American League the curfew rule for many years decreed that no inning could begin after 1 am local time (with the exception of international games).
- In aeronautics, night flying restrictions may restrict aircraft operations over a defined period in the nighttime, to limit the disruption of aircraft noise on the sleep of nearby residents. Notable examples are the London airports of Heathrow, Gatwick and Stansted, which operate under the Quota Count system.
- In a few locations in the UK patrons of licensed premises may not enter after a "curfew" time. In Inverclyde for example this is currently set at 12:00 am.[3]
Etymology
The word "curfew" comes from the French phrase "couvre-feu", which means "fire cover". It was later adopted into Middle English as "curfeu", which later became the modern "curfew".[4] Its original meaning refers to a law made by William The Conqueror that all lights and fires should be covered at the ringing of an eight o'clock bell to prevent the spread of destructive fire within communities in timber buildings.[5]
Examples in different countries
Egypt
On 28 January 2011, and following the collapse of the police system, President Hosni Mubarak declared a country-wide military enforced curfew.[6] However, it was ignored by demonstrators who continued their sit-in in Tahrir Square. Concerned residents formed neighborhood vigilante groups to defend their communities against looters and the newly escaped prisoners.[7]
On the second anniversary of the revolution, January 2013, a wave of demonstrations swept the country against President Mohamed Morsi who declared a curfew in Port Said, Ismaïlia, and Suez, three cities where deadly street clashes had occurred. In defiance, the locals took to the streets during the curfew,[8] organizing football tournaments and street festivals,[9] prohibiting police and military forces from enforcing the curfew.
Iceland
Under Iceland's Child Protection Act (no. 80/2002 Art. 92), children aged 12 and under may not be outdoors after 20:00 (8:00 p.m.) unless accompanied by an adult. Children aged 13 to 16 may not be outdoors after 22:00 (10:00 p.m.), unless on their way home from a recognized event organized by a school, sports organization or youth club. During the period 1 May to 1 September, children may be outdoors for two hours longer.
Children and teenagers that break curfew are taken to the local police station and police officers inform their parents to get them. The age limits stated here shall be based upon year of birth, not date of birth. If a parent cannot be reached, the child or teenager is taken to a shelter.
United Kingdom
The United Kingdom's 2003 Anti-Social Behaviour Act created zones that allow police from 9 PM to 6 AM to hold and escort home unaccompanied minors under the age of 16, whether badly behaved or not. Although hailed as a success,[10] the High Court ruled in one particular case that the law did not give the police a power of arrest, and officers could not force someone to come with them. On appeal the court of appeal held that the act gave police powers to escort minors home only if they are involved in, or at risk from, actual or imminently anticipated bad behaviour.[11]
In a few towns in the United Kingdom, the curfew bell is still rung as a continuation of the medieval tradition where the bell used to be rung from the parish church to guide travelers safely towards a town or village as darkness fell, or when bad weather made it difficult to follow trackways and for the villagers to extinguish their lights and fires as a safety measure to combat accidental fires. Until 1100 it was against the law to burn any lights after the ringing of the curfew bell. In Morpeth, the curfew is rung each night at 8pm from Morpeth Clock Tower. In Chertsey, it is rung at 8pm, from Michaelmas to Lady Day.[12] A short story concerning the Chertsey curfew, set in 1471, and entitled "Blanche Heriot. A legend of old Chertsey Church" was published by Albert Richard Smith in 1843, and formed a basis for the poem "Curfew Must Not Ring Tonight". At Castleton in the Peak District, the curfew is rung from Michaelmas to Shrove Tuesday.[13] At Wallingford in Oxfordshire, the curfew bell continues to be rung at 9pm rather than 8pm which is a one-hour extension granted by William The Conqueror as the Lord of the town was a Norman sympathiser. However, none of these curfew bells serve their original function.
United States of America
Juvenile curfews
Curfew law in the United States is usually a matter of city law, rather than federal law. However, the Constitution guarantees certain rights, which have been applied to the states through the 14th Amendment. Hence, any state's curfew law may be overruled and struck down if, for example, it violates the teen's 1st, 4th, 5th or 14th Amendment rights. Nonetheless, curfews are set by state and local governments. They vary by state[14] and even by county or municipality. In some cities there are curfews for persons under the age of 18. American military curfews are a tool used by commanders at various installations to shape the behavior of soldiers.[15]
The stated purpose of such laws is generally to deter disorderly behavior and crime, while others can include to protect youth from victimization and to strengthen parental responsibility[16] but their effectiveness is subject to debate. Generally, curfews attempt to address vandalism, shootings, and property crimes, which are believed to happen mostly at night, but are less commonly used to address underage drinking, drunk driving and teenage pregnancy. Parents can be fined, charged or ordered to take parenting classes for willingly, or through insufficient control or supervision, permitting the child to violate the curfew. Many local curfew laws were enacted in the 1950s and 1960s to attack the "juvenile delinquent" problem of youth gangs. Most curfew exceptions include:
- accompanied by a parent or an adult appointed by the parent;
- going to or coming home from work, school, religious, or recreational activity;
- engaging in a lawful employment activity or;
- involved in an emergency;
Some cities make it illegal for a business owner, operator, or any employee to knowingly allow a minor to remain in the establishment during curfew hours. A business owner, operator, or any employee may be also subject to fines.[17]
There are also concerns about racial profiling.[18]
A 2011 UC-Berkeley study looked at the 54 larger U.S. cities that enacted youth curfews between 1985 and 2002 and found that arrests of youths affected by curfew restrictions dropped almost 15% in the first year and approximately 10% in following years.[19] In response to concerns about racial profiling, Montgomery County, Maryland passed a limited curfew, which would permit police officers to arrest juveniles in situations that appear threatening.[20]
Mall curfews
Many malls in the United States have policies that prohibit minors under a specified age from entering the mall after specified times,[21] unless they are accompanied by a parent or another adult or are working at the mall during curfew times.[22] Such policies are known as mall curfews. Malls that have policies prohibiting unaccompanied minors at any time are known as parental escort policies.[23]
Curfews for all
States and municipalities in the United States have occasionally enacted curfews on the population at large, often as a result of severely inclement weather or political unrest. Some such curfews require all citizens simply to refrain from driving. Other require all citizens to remain inside, with exceptions granted to those in important positions, such as elected officials, law enforcement personnel, first responders, health care workers, and the mass media.
In 2015, the city of Baltimore enacted a curfew on all citizens that lasted for five days and prohibited all citizens from going outdoors from 10 pm to 5 am with the exception of those traveling to or from work and those with medical emergencies. This was in response to the 2015 Baltimore riots.
See also
People
- Don A. Allen, member of the California State Assembly and of the Los Angeles City Council in the 1940s and 1950s, urged enforcement of curfew laws.
Notes
- ^ "curfew - definition of curfew in English from the Oxford dictionary". oxforddictionaries.com.
- ^ "Curfew - Define Curfew at Dictionary.com". Dictionary.com.
- ^ "Pub and club curfew extended". Greenock Telegraph.
- ^ "curfew". Oxford English Dictionary (Online ed.). Oxford University Press. (Subscription or participating institution membership required.)
- ^ Bailey's Dictionary, fifth edition 1731
- ^ Shenker, Jack; Beaumont, Peter; Jones, Sam (28 January 2011). "Egypt (News),Middle East and North Africa (News) MENA,World news,Hosni Mubarak,Mohamed ElBaradei,Africa (News)". The Guardian. London.
- ^ Parks, Cara (29 January 2011). "Massive Egyptian Prison Break Frees 700 Inmates". Huffington Post.
- ^ "Suez Canal residents defy President Morsi's curfew". ahram.org.eg.
- ^ Matt Bradley (29 January 2013). "Egyptians Defy President's Curfew, as Unrest Spreads". WSJ.
- ^ "BBC NEWS - UK - England - Wear - Late night youth curfew a success". bbc.co.uk.
- ^ "Court Judgment on Government's 'Anti-Yob'/ Anti-Child Policy". liberty-human-rights.org.uk.
- ^ "St. Peter's Shared Church Chertsey". stpeterschertsey.org.uk.
- ^ "peak district local history, customs, wildlife, transport - Peakland Heritage". peaklandheritage.org.uk.
- ^ Curfews in the State of New York
- ^ Curfew put in place for all US troops in South Korea, Stars and Stripes, 2011, retrieved 12 February 2012
- ^ "Town of Myersville, MD Curfew". ecode360.com.
- ^ "Curfews » City of Faribault, MN". faribault.org.
- ^ "New Orleans curfew data: 93 percent of curfew arrestees are black". NOLA.com.
- ^ ""Impact of Juvenile Curfew Laws on Arrests of Youth and Adults" at Journalist's Resource.org".
- ^ http://www6.montgomerycountymd.gov/content/pdf/curfew.pdf
- ^ "Upscale Mall Enforces Teen Curfew & Dress Code". cbslocal.com.
- ^ "Code of Conduct - NorthPark Center". northparkcenter.com.
- ^ "Parental Escort Policy". mallofamerica.com.
External links
- BBC Report on legal challenge to curfew laws
- Juvenile Curfews TELEMASP Bulletin, Texas Law Enforcement Management and Administrative Statistics Program
- Encyclopædia Britannica (11th ed.). 1911. .