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Monday, May 12, 2008 Tampa Bay's Music & Entertainment Magazine

It's a Crime How They Treat Kids...Curfew Proposed in St. Pete ...Corrected version


It's A Crime how they treat kids


"We continue to criminalize our youth" — Bruce Wright
A list of things you can do to fight this ordinance is at the end of this story.

A couple of years ago, city council started toying with the idea of a curfew in St. Petersburg. People in the community were showing some concern about juveniles running amuck late at night. During this time, Pinellas Park initiated a curfew and it was found unconstitutional, so the concept was pushed to the side in St. Petersburg. When, a couple months ago, the curfew in Pinellas Park went through the appeals process and was determined by the courts to be in fact constitutional, immediately, local city council members, primarily city council member Jay Lasita, decided to propose a curfew for St. Petersburg.

Sparking quite a heated debate, the issue of the curfew has very adamant proponents and opponents. Those who would like to see this curfew come into effect:

Want to protect children after hours.
Want to prevent children from doing harm and committing crimes after hours.
Want to address gang problems and prevent gang activity after hours.

There are many who oppose this curfew very strongly, feeling that it is another violation of civil rights and that it is clearly unconstitutional. In the city council meeting held on Thursday, September 21st, a few St. Petersburg residents went so far as to compare the proposed St. Petersburg curfew with the curfews of the Nazis in the 1930s. The biggest question is: Does St. Petersburg need a youth curfew?

Thanks to Major Randy Bratton of the St. Petersburg Police Department, we have acquired some statistics that were collected in lieu of this argument.

63% of juveniles are a victim of crime from 3pm to 11pm
15 % from 11pm to 7am

Juvenile arrests for major crimes such as murder, rape, robbery, and assault are down 19% from 1996 to 1999 and an additional 8% comparing May 31st 1999 to May 31st 2000.

68% of all disorderly juveniles calls (disturbing the peace, nuisance-type calls) occur from 3pm to 11pm
15% occur during the midnight hours, again 11pm to 7am

76% of gang members and their associates are adults
54% of all gang related crimes occur again during 3pm and 11pm
21% occur during the midnight hours, 11pm to 7am
24% of these gang-related crimes are committed by juveniles

Although the police department is still doing research on auto thefts, according to Major Bratton, detectives who have interviewed subjects for stealing have found that autos are primarily being stolen right after school and into the evening

Jay Lasita has an interesting comment to make about the statistics: "I consider this to be to a degree statistic proof because if you have the goals as I articulated, if your desire is not to just focus on the punitive criminal aspect, but rather the intervention aspect of it, to me the statistics don't really matter that much."

The St. Petersburg Police Department is taking a neutral stance on the issue. According to the facts and statistics that the department has gathered, the majority of crimes are not being committed during the midnight shift (the hours that would be affected by the curfew). According to Major Bratton, "There are enough current statutes on the books such as disorderly conduct, trespassing, criminal mischief... We have enough tools to make the arrests for those individuals who are breaking the law without taking a youth into custody for simply being out after hours. Weíre trying to make a positive impact with youth if they're not doing anything legally wrong."

Major Bratton also gives an example of a suspicious individual prowling and loitering around a business window at night, who reacts negatively and nervously to a presence of a police car, or who may even take off running. He explains that, of course, a police officer is going to pursue that individual, whether he or she is 14 or 38 years old. The age is not the issue. It is simply the circumstances.

Major Bratton describes the consequences of being caught breaking the curfew law: "The police will simply incarcerate that individual, and right now they are taken to the juvenile assessment center. That's what Pinellas Park and Largo do. You are handcuffed and taken there just like we would someone arrested for a criminal offense. It just depends how city council writes the ordinance." This punishment is exactly what bothers most of the opponents of this ordinance.

Bruce Wright runs The Refuge and is a member of the St. Petersburg Clergy Corporation. He emphasizes his standpoint on the issue: "There are several things that concern me about the curfew law. First of all it is anticonstitutional because it is singling out a group and taken away their constitutional rights of free speech, free assembly, and things of that nature, so from a constitutional perspective, I oppose it. From a moral perspective, as a minister, I oppose it because it does not take away or reduce delinquent behavior and in fact makes it more prone to hiding delinquent behavior or making it harder to find.
Thirdly, I think it singles out juveniles as a whole or youth as a whole unfairly and almost categorizes all of them as delinquents.î He also claims that ìeverywhere in the country where they have passed youth curfew laws, they have been enforced in a racially biased manner." Several other speakers at the public meeting brought this up also. One of the speakers pointed out that more teenagers in south St. Pete will be affected due to the fact that, due to the lower economics of the area, kids are more likely to be on foot rather that be riding in or driving private vehicles.

In the defense of Jay Lasita and the others who are for this ordinance, the intentions are good. Mr. Lasita truly wants to make an impact on our community and improve on family issues, focusing on catching youth before they go awry. He says, "You can have a significant preemptive impact, if, as a result of having this ordinance, you are able to redirect." He also states, "If that's all it [the curfew] became, if it became an excuse to put 13 year olds in chains, or if it became the excuse to start doing the things like profiling on ethnic or racial basis, I would strongly consider bringing it back for repeal because that's not what I'm about, that's not what I'm trying to get this accomplished for." How can we be sure that it wonít be too late?

Are all teenagers criminals? Are all kids walking around abused, corrupted, and evil? Since when do we as Americans label a group of people and force them to subside under certain restrictions or conditions?

"Our liberties are being taken away a little bit at a time" a speaker at the city council meeting, Thursday, September 21st

A final public hearing on the Curfew ordinance will be held at City Hall Thursday Oct. 19th. All are welcome to attend and add their thoughts on this matter. Time of meeting is 6:30 PM. City Hall is located at 5th St. N. and 2nd Ave. N.

City council members can be contacted at their offices at 727-893-7117. They list their home numbers and if you ask the operator at that number they will give out the home phones. Remember they are city servants and must respond to you. Please be civil when calling them as they hold the power of locking you up in their hands.

Also petitions are being distributed through The Refuge and Daddy Kool Records in St. Pete. St. Pete residents of any age are allowed to sign and we encourage all of you to get copies ad take them around with you , get your parents to sign to and others of voting age, it will mean that much more.

Websites that have some interesting info about the lack of curfews preventing crime and working against youth.

www.curfew.org
http://www.cjcj.org/jpi/curfew.html
http://www.reason.com/9911/fe.md.do.html


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