On Solvay’s Proposed Curfew Law

By Mark David Blum, Esq.

The City of Solvay’s current efforts to impose a curfew on young adults is a really bad idea. The Old Folks have taken over government and seek to impose themselves as super-parents. What’s next for Solvay … no dancing?

We live in a free country. As a citizen, a voter, a taxpayer, a parent, and a resident of the community, it is my choice and my discretion until what time my children may be outside and be in public. If, in my mind, my child has established responsibility and trustworthiness to my satisfaction, then I have no problem with granting her greater freedoms. I am not raising a child; I am training an adult. The last thing I want is for a police officer to interpose themselves in my relationship with my child as though the police officer is capable of judging the maturity of my child.

I fear that the proposed Curfew Ordinance will have a disproportionate impact upon the poor community. Unlike the affluent who have homes, yards, basements, garages and other places children can gather and huddle away from view in the streets, the poor do not enjoy these luxuries. Generally, they are in small apartments, overcrowded, lack gameboys and computers, and have no place to gather and ‘hang’. In public housing, the situation is even worse, where the residents live in concrete blocks stacked on top of each other. The children have nowhere to be themselves and be with their friends but outside. With a curfew in place, especially on weekends, holidays, and summer vacation, it will be the poor who will endure this new ‘clean streets’ offensive. Affluent children have where to hide. Poor children are in the cross hairs.

Instead of spending money to open facilities and provide safe places for children to be off the streets, it seems the preference is to spend the money on police and the criminal justice system. Though details of the plan are not yet public, it is safe to assume there is a punitive aspect to the proposal. One has to assume that for violators, there will be a citation, court appearances, judges, prosecutors, and defense lawyers. Since children are not likely to be able to afford counsel, taxpayers are going to suffer the cost. What will be the possible outcomes of these criminal charges? Are we going to have our children cleaning streets? Are we going to imprison our children at home with mandatory court-ordered curfews? Shall we fine them or imprison them? This is not a legacy that we should leave for future generations.

Every child you see today is going to be an adult tomorrow. They are going to be voters and employers and parents. I believe the important lesson they need to learn is compassion by and for the community, individuality and responsibility, and trust and respect for police and the system. Putting children in conflict with police will do nothing to advance these goals and could result in another generation of citizens who distrust the system and lack a connection to their community.

The proposed ordinance is a bad idea. It is born in arrogance and snobbery of the affluent that do not want to see the faces of tomorrow on the streets today. The proposal may be race neutral on its face, but the outcome will be a discriminatory impact against the weakest elements of society. The proof is in the history.

Back to the MarkBlum Report

It is always a far better thing
to have peace than to be right.
But, when it is not,
or when all else fails

LAW OFFICES OF
MARK DAVID BLUM
P.O. Box 82
Manlius, New York 13104
Telephone: 315.420.9989
Emergency: 315.682.2901
E-mail: mdb@markblum.com

Always, at your service.