Council Considering Changes To Current Curfew Ordinance In/Around: Deer Park

Efforts to keep kids off Deer Park streets at night have run into concerns over police protection and Constitutional protections.

The Deer Park City Council is considering changes to the city’s teen curfew ordinance, which hasn’t been enforced since its passage in 1993 because it potentially violated the constitutional rights of the youths it targets.

But rewrites have run into logistical snags. At the city council’s request, Deer Park City Attorney Dave Burdega wrote a draft that would have Spokane County sheriff’s deputies virtually becoming cabbies by requiring deputies to drive curfew violators home.

“What we are trying to do is iron out what we are going to do with the kids if we pick them up,” said city councilman Robert Whisman. “I think we pretty well have it ironed out.”

The present law requires deputies to detain teens caught on Deer Park streets after midnight on Fridays or Saturdays and after 11 p.m. other nights. Exceptions are granted to teens coming home from school or church activities.

The ordinance has not been enforced because attorneys for Spokane County, which contracts to provide police protection in Deer Park, said the ordinance was potentially unconstitutional.

County attorneys said that youths cannot be detained if they have not committed a crime. Because curfew violations are civil offenses, detainment would open the door to court challenges on constitutional grounds.

City councilman Doug Box said the council requested a rewritten ordinance because Deer Park residents are concerned about youth violence and vandalism. Several times youths have torn up his yard, Box said.

Burdega said even the rewritten ordinance is in no way guaranteed to pass constitutional muster.

Penalties for curfew violations include a warning to parents after the first violation, and fines are issued for each subsequent one - $25 to $300 for the second violation and $50 to $300 for each additional violation.

Deer Park is served around-the-clock by at least one sheriff’s deputy, but only occasionally has two or more. But the ordinance could strip the city of police coverage if deputies are forced to transport kids to homes as far away as Spokane.

“I told them (the council), as far as the implementation, the logistics are your problem,” said Burdega.

City councilman Robert Whisman said the council is concerned about deputies being pulled away from duty to drive youths home. A four-person committee of council members, a city resident and sheriff’s deputy Lt. Gary Waterhouse is considering the impacts of the new draft.

Council members have offered other compromises. Box suggests closing city parks at night. Whisman proposes ticketing curfew violators, requiring a parent to show up at a court appearance and penalizing the teens if parents don’t show up.

, DataTimes MEMO: This sidebar appeared with the story: Town hall meeting A town hall meeting will be held Dec. 3 from 2 to 5 p.m. at Deer Park’s Arcadia Elementary School, 1120 E. B Street, to discuss ways to curb youth violence and vandalism.