Seeking to curb violence after a spate of deadly summer shootings, Paterson officials are considering an unusual ordinance that would prevent people of all ages from gathering outside in public late at night.

The measure could be the nation’s first citywide, non-emergency curfew to include adults, several experts said.

…

The curfew would last for two months and bar people from loitering outside from midnight to 7 a.m. Violators would face up to a $2,000 fine and 90 days in jail. It would not apply to people in transit.

The measure was initially scheduled for consideration by the City Council on Monday, then Tuesday, and is now slated for Sept. 1. If the measure is approved, a second vote and a public hearing would still be needed before it goes into effect.

Legal challenges are a possibility, and Torres attributed the voting delays to the need to word the ordinance just right.

The American Civil Liberties Union has already successfully defeated several juvenile curfews in New Jersey courts, said Ed Barocas, legal director of the state ACLU. Adult curfews are usually associated with the imposition of martial law, which typically is restricted to emergencies, wartime or military occupation, according to the ACLU.

"An adult curfew is unprecedented in our state," Barocas said.

"It’s just completely unheard of," said Jon Shane, a professor of policing administration at the John Jay College of Criminal Justice in New York City. "Not to mention being generally unconstitutional."

As unpalatable as the measure is among legal scholars, some Paterson residents are willing to consider anything that diminishes the violence.

Source/Full Story: wcco.com

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