Cincinnati City Council will vote Wednesday on a citywide 11 p.m. curfew for minors, as well as a special extended curfew district Downtown and in Over-the-Rhine, which would start at 9 p.m.
It's the latest effort to address a higher than usual spike in crime over the summer. Officials presented the proposed plan to City Council's Public Safety and Governance Committee on Tuesday morning; they say the goal is to keep teens safe, not to criminalize them.
"This is not a decision we've made lightly or rashly," City Manager Sheryl Long said. "It's part of a larger conversation that has been ongoing for years."
The proposed ordinance is a simplified version of the existing curfew law, which was established in 1994. It says that between 10 p.m. and 5 a.m., anyone under age 16 should not be in public without supervision from an adult at least 21 years old. The curfew starts at midnight for minors that are 16 or 17 years old. It is rarely enforced.
The only change to the language of the citywide curfew is a uniform curfew start time of 11 p.m. for anyone under age 18.
A separate ordinance would establish a "special extended curfew district" for Downtown and Over-the-Rhine, where the curfew would begin at 9 p.m. The area begins at Liberty St. and extends south to the river; the western boundary is Central Parkway and Central Avenue, and the eastern boundary is Sycamore St. and Broadway.
What happens if a teen violates curfew?
Police Chief Teresa Theetge says young people violating curfew will first be asked to simply go home or contact a parent or guardian to pick them up. If the teen doesn't comply, a police officer may detain them and transport them to a safe location: their home; a curfew center that will be established at Seven Hills Neighborhood House in the West End; or (if the person is being charged with a crime or has an outstanding warrant) the Hamilton County Youth Detention Center.
Staff at Seven Hills would make further attempts to contact a parent or guardian and provide transportation home. If an adult cannot be reached, the teen would be taken to Lighthouse Youth and Family Services' Mecum House for voluntary overnight care.
The Seven Hills curfew center and Lighthouse will be staffed on Friday and Saturday nights. On other nights, officers would still try to locate a parent or guardian.
"If all efforts fail in contacting a parent, then we would take the youth up to 2020 [the Youth Detention Center]," said Theetge.
From there, Judge Kari Bloom of the Hamilton County Juvenile Court says she's working with city officials to identify community volunteers that could help transport kids home.
A minor who violates curfew could be "guilty of a curfew violation" while their parent, guardian, or any other adult responsible for that minor could be charged with a minor misdemeanor.
The judge says a curfew violation is what's known as a status offense.
"It's only against the law because of your age," Bloom told council members. That means a minor cannot be incarcerated on a curfew violation alone. A teen may be booked into the Hamilton County Youth Detention Center if they are also charged with crimes, or if they have an outstanding warrant.
Bloom also warned City Council that teens transported to Mecum House are not obligated to stay there.
"As someone who receives criticism for the revolving door of 'delinquency,' I just want you to know that that kids can check themselves out and go right back out," Bloom told council members. "That is, of course, something that I hope is the last resort ... we're being really diligent and hoping that community members, as well as folks from the court, can help reunite kids with their families or get them dropped off someplace safe to avoid that placement."
See the full presentation slides below (article continues after):
Council members expressed mostly support for the plan. Vice Mayor Jan-Michele Lemon Kearney asked why the extended curfew district is focused on Downtown and Over-the-Rhine and not citywide.
Long said the data shows the highest percentage of juvenile arrests this year have happened Downtown and in Over-the-Rhine. And, the 11 p.m. curfew will be in place citywide.
"Every officer [citywide] will be made aware of this curfew and the opportunity to utilize the curfew center," Long said.
Council Member Anna Albi said she would like to see the procedural process of warnings before citations are formalized in the ordinances.
"We're not trying to criminalize kids, right?," Albi said. "We're trying to get them home safe. We're trying to make sure they're not committing crimes and they're not victims of crimes."
City Solicitor Emily Woerner responded by saying the city administration tries to strike a balance between what's appropriate language for ordinances versus what's more appropriate for policies and procedures.
"I'm not a big fan of curfews," said Council Member Evan Nolan. He asked if the curfew could discourage organizations from have youth-focused events Downtown, like a high school prom.
"It does feel a little bit like we're asking officers to go above and beyond with babysitting children, and I'd much rather have their efforts focused on other things," Nolan said. "Ultimately, I am supportive, even though there are parts that I'm not the biggest fan of. I just hope that down the road, we can revisit all of this as we see the effects of the policies."
What happens next
Council's Public Safety and Governance Committee gave initial approval to the ordinances Tuesday. You can watch the full discussion on the city's YouTube channel. Both will be up for a final vote at Wednesday's regular meeting.
The ordinances would go into effect immediately upon passage. City Manager Long says her office is still working on contracts for Seven Hills and Lighthouse, so enforcement wouldn't begin in earnest until at least next weekend.
It's not yet clear how much those contracts will cost or where the money will come from. If council approves the ordinances Wednesday, the city administration will be authorized to move forward in the process without further council action.
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