State of New York Curfew Laws
Some cities in New York have enacted curfews citing the need to maintain order and prevent juvenile crimes.
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Constitutionality
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In 2006, Rochester, New York enacted a late-night curfew after three boys died. The city said juveniles are likely crime victims and often suspects in crimes that occurred late at night. The appellate division of the New York courts ruled the ordinance unconstitutional stating that the ordinance violated the equal protection clauses of the U.S. Constitution and the New York Constitution. The court said the curfew violated a juvenile's "fundamental right of free movement." Furthermore, the court found that the ordinance did not support the city's goal of stopping juveniles from being crime victims and crime perpetrators. The deaths of two of the boys, which prompted the law, took place during hours outside the curfew established by the ordinance. The other juvenile who died already had a curfew.
New York City
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New York City's administrative code allows the city's mayor to establish curfews "including, but not limited to, the prohibition of or restrictions on pedestrian and vehicular movement, standing and parking, except for the provision of designated essential services such as fire, police and hospital services including the transportation of patients thereto, utility emergency repairs and emergency calls by physicians."
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Buffalo
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Buffalo, New York has a curfew for weeknights (Sunday through Thursday) from 11:00 p.m. until 5:00 a.m. and weekends from midnight until 5:00 a.m. It affects juveniles under age 17. According to the ordinance, a police officer who thinks you are violating the curfew can request to see identification. If the officer finds you violated the ordinance, she can take you to the police station or make you go home. The ordinance allows juveniles to be out during curfew hours when on public property next to their home or their neighbor's home and no one is complaining. Juveniles can also be out when they are going directly to or from work and have a note from their employer. The law also does not affect minors traveling with a guardian or a guardian-authorized adult. Juveniles can also come directly home from adult-supervised activities and run "emergency errands." "Normal travel" is an exception to the ordinance when the minor has consent from his guardian.
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References
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