Mayor Rejects Appellate Court Decision to Enforce Curfew by Rick Kern
Thu, Oct 16, 2008 A deeply divided Appellate Court has prompted Mayor, Robert J. Duffy, to appeal its recent decision invalidating the curfew he established to help assure the safety Rochester's youth. The 3-2 decision, issued October 10th, ruled that the city's curfew compromises the free speech rights of minors, and illegitimately charges them with criminal violations.
While the decision is a defeat for his administration, Duffy remains heartened by the trial court's earlier decision and the two dissenting justices in this latest appellate verdict. "The Supreme Court and two Justices of the Appellate Division have found in favor of the City," said the Mayor in a prepared statement. "We continue to believe in the effectiveness of the curfew and will proceed to argue for its legality in the New York State Court of Appeals."
According to the Mayor's office, the curfew will remain in effect pending the outcome of further legal action and is imposed on children ages 16 and under with limited exceptions. "The curfew has been established and enforced with the best interests of our youth in mind," said Mayor Duffy. "The curfew has always been designed to protect our youth from being victims of crime or from becoming involved in crime. When violators are found, they are taken to the Curfew Center and arrangements are promptly made to return them to the safety of their home."
The New York Civil Liberties Union (NYCLU), a public interest organization that supported the court challenge to the curfew law with an amicus brief, is in sharp disagreement with the Duffy administration. The group recently issued a statement urging Mayor Duffy to comply with the ruling and stop enforcing what they see as an unconstitutional law.
"Mayor Duffy and the City Council should accept the court's decision, end the curfew, and start developing lawful strategies to enhance public safety," said Gary Pudup, director of the NYCLU's Genesee Valley chapter. "City leaders should not waste time and taxpayer's money enforcing an unconstitutional law. Instead, they should work to strike a balance between protecting the public and preserving our constitutional rights."
The Mayor has garnered a considerable amount of support, however, including that of Rochester City Councilmember, Adam McFadden. "This is a tool for police officers and parents to help protect our youth," Mr. McFadden explained.
"There are certain times it is simply not safe for our kids to be out on the streets. The curfew is helping us manage the issue as we develop ways to get to the root of the problem."
While the curfew has polarized many political and community leaders, Bishop David Singleton of the Ark of Jesus Ministries, has taken a more balanced view of both the curfew and the root issues that have inspired it. "There are pros and cons to it," the clergyman notes, "I am unsure of what other options we have."
"There is a problem that the curfew is designed to help manage, but as outside activity tapers off during this winter, maybe we can invest enough thought and research into the problem to get a plan in place for next summer," Bishop Singleton added. "There may be transferable ideas from other cities that can be adapted and help us reduce the incidences we are seeing. Regardless, this is not going to be overcome without prayer; we need the intervention of God to give us the ideas to change this."
With the appeal in motion, the future of Rochester's curfew law is uncertain but city officials remain optimistic. Councilman McFadden contends that, "When it's all over and done, we'll still have a curfew." |
