CdA developing new curfew ordinance

On a clear summer night in Coeur d’Alene, it’s not hard to find pockets of teens hanging out downtown.

Some just stand around at Independence Point, chatting or thinking up some place to go. Others parked in a nearby lot rev up Hondas, street bikes and hot rods.

But the parking lot and walkways begin to clear as curfew nears.

“It’s ridiculous. It’s summertime. They should change it,” said Shannon Hunter, 17, who was hanging out with friends just before 10:30 p.m. Thursday.

Coeur d’Alene city officials are working to clarify what is allowed and what’s exempt in the 10-year-old ordinance with a new draft, which has been in the works for about a year.

The draft sailed through a City Council subcommittee with one addition: one-day prior notice to police if minors plan to be out after curfew on First Amendment activity. Minors would have to submit a note, signed and dated by a parent with an address and phone number, to Coeur d’Alene Police.

The draft sparked concern from the American Civil Liberties Union, who sent a nine-page memo opposing the ordinance before it went to council on May 18. The ordinance was pulled from the council agenda before it could be heard.

The city’s curfew review began when the ACLU won a lawsuit against San Diego over a vague curfew law after aggressive enforcement in 1997. The 9th U.S. Circuit Court of Appeals ruled against the curfew law because the language was too vague, blocked free speech and interfered with parents’ rights.

Marty Durand, legislative council for the ACLU in Boise, said Coeur d’Alene’s draft also could be found unconstitutional.

“They essentially have to register with the police first, and we see that as a problem,” she said. “We see that as a chilling effect. It’s prior restraint.”

Hunter and her friends near Independence Point agreed.

“Are you serious? That’s like talking to your parents, and then talking to another set of parents,” Hunter said.

Hunter added “some kids are stupid,” and the curfew law prevents some trouble in town. But her friend, Eric Noss, 17, said it’s too restrictive if kids are out of school and want to hang out after work.

He’s out about every night and has been caught several times, but he has never been cited.

Both the existing curfew and the draft are aimed at minors out without parents after 10:30 p.m. Sunday through Thursday and after midnight on Friday and Saturday. A violation is a misdemeanor.

In 2003, police issued 354 citations for minor in possession of alcohol, 102 for minor in possession of tobacco and 161 for runaways. The total number of curfew violations in 2003 was 98, and 11 minors have been cited from Jan. 1 to June 30 this year.

But curfew enforcement isn’t as broad as the ordinance, and teens are rarely cited for simply standing around after dark, police said.

Steve Childers, captain of patrol for the Coeur d’Alene Police Department, said violations are made on a case-by-case basis. If teens are hanging out as curfew nears, officers typically will tell them to head home or inform them if they are in violation.

He said teens are typically cited for curfew violation while committing other offenses, such as vandalism, running away or having tobacco or alcohol.

“With curfew violations, it isn’t because they congregated, it’s because they’re out doing something and got caught at something else,” Childers said.

Childers said curfew has never been a “huge concern,” and the downtown hot spots are nothing new.

Barry Black, Kootenai County prosecutor, started to rework the existing ordinance with Coeur d’Alene city attorneys a year ago. He said broad, vague language in the existing ordinance has been focused and narrowed down in the new draft. It also includes seven exceptions to the law from minor errands to major emergencies.

“It actually expands their rights and gives more detail of what’s prescribed and what isn’t,” he said.

Ben Wolfinger, a member of the general services committee and Kootenai County Sheriff’s Department captain, said adding a prior notification was a collaborative effort among members of the committee. He said other gatherings and events require prior notice, and he didn’t have a problem requiring the same for minors as an exception to the ordinance.

“It kind of caught me off guard,” said Wolfinger. “It seems like a simple fix, and the ordinance makes it less restrictive. I’m not sure why there’s this big uproar.”

Durand said the ACLU generally doesn’t approve of blanket curfew ordinances but would be interested in seeing a revised draft before it is voted on by council members. She said the group isn’t actively considering litigation at this point.

Black said previous contact with the ACLU didn’t bring up any concerns, and the group was supportive of the new definitions and exceptions outlined in the draft. But that was before the council subcommittee tacked on the prior notification clause.

Black said he doesn’t see any undue infringement of rights, and he’s confident it can pass as-is.

Durand said the ACLU would “vigorously oppose” the ordinance if pitched without deleting the clause that requires prior notification to police.

“There might not be some sort of evil motive or intent, just maybe they didn’t look at it the way we did,” said Durand.

Coeur d’Alene Mayor Sandi Bloem said the ACLU memo didn’t influence council actions, but she said the concerns merited a closer look. She hopes to see the updated draft at council before the end of summer, but no timeline has been set.

Bloem said the ordinance is meant for minors’ safety, but she also said the review will determine if it is both fair and legal.

“It really is about balance here,” Bloem said. “That’s my biggest concern.”