This week, a Chicago alderperson introduced a new proposal that, if approved, would give Chicago police the power to declare curfews ahead of mass gatherings of unaccompanied minors. Legal advocates say this proposed ordinance could unfairly target Black and brown teenagers and potentially violate their First Amendment rights.
“I’m not sure why this is seen as helpful or productive for young people,” said Stephanie Kollmann, policy director at Northwestern University’s Children and Family Justice Center. “This is pretty explicitly an attempt to stop people from gathering in advance of anything happening.”
On Wednesday, the Chicago City Council was scheduled to vote on moving up the city’s existing curfew from 10:00 p.m. to 8:00 p.m. for unaccompanied minors under 18 years old inside the Downtown’s Central Business District. That idea was tabled.
Instead, Ald. Brian Hopkins (2nd Ward) introduced a new proposal that would allow the Chicago Police Department (CPD) to set curfews anytime and anywhere in the city ahead of any mass gathering of 20 or more minors.
The new proposed ordinance was submitted Wednesday to the City Council’s Public Safety Committee, where a public hearing is expected. The next meeting is set for May 22 at 10:30 a.m, though it is unclear if this item will be on the agenda.
What’s most troubling about the proposal, Kollmann said, is that it gives CPD “unfettered authority,” potentially allowing police to “completely lock youth out of an area anytime, any place in the city.”
Kollmann added that it sends a destructive message to young people, assuming that they came downtown with the intention of doing wrong — when they could just be meeting up with friends to hang out.
Trends are a popular teen-led social media linkup. Someone creates and posts flyers on platforms like Snapchat or Instagram, detailing when and where the next big meetup will be, and dozens of teens show up to have a good time.
Hopkins’ new proposal comes in response to concerns about teen trends (also referred to as “teen takeovers”), which have taken place in his downtown ward. On April 13, a large group of teens gathered in Hyde Park; four teens were arrested after scuffles broke out and about 100 police officers surveilled the area. In March, two separate shootings occurred as large groups of teens gathered downtown. Two teenage boys were charged in connection with those shootings
In 2022, 16-year-old Seandell Holliday was fatally shot during a teen meetup in Millennium Park. That incident led to the City Council approving an ordinance by then-mayor Lori Lightfoot to move up the city’s curfew to 10:00 p.m.
In an emailed response to The TRiiBE, Hopkins wrote that, “A curfew for unaccompanied minors can be an effective tool to prevent violent incidents like these, involving unsupervised young teens with guns.”
If Hopkins’ new proposal is approved, CPD Supt. Larry Snelling or district commanders would have the power to declare a curfew if they believe 20 or more people might gather in a public place “for the purpose of engaging in, or that is likely to result in, criminal conduct.” The curfew rule must include the time it takes effect and the prohibited spaces.
The proposal also states that:
- Police are required to inform the public before a curfew takes effect and specify affected areas.
- Police must notify the Office of Emergency Management and Communications, the Chicago Fire Department, plus related City Council members and city agencies.
- Police must also give a verbal warning to minors at least 30 minutes before the curfew starts, telling minors to leave the area and letting them know the consequences for breaking the curfew. Unaccompanied minors, or anyone who helps a minor break curfew, could face a $500 fine or community service. Anyone who violates the curfew three times within a 12-month period would be subject to three times the maximum fine, according to the ordinance.
Civil Rights attorney and National Lawyers Guild (NLG) member Amanda Yarusso is concerned about the potential impact of the new proposed ordinance on Black and brown teenagers. She also worries about what the proposal means for youth participating in First Amendment activities, such as protests. As written, she said, the proposed ordinance could violate the due process and First Amendment rights of young people.
“It’s very concerning. This proposed ordinance has the potential to violate people’s rights on a number of fronts. People have a due process right to notice of what conduct is prohibited or illegal. There is very little or no notice provided in this proposal when someone is in violation of a curfew, because it is declared in the moment,” Yarusso said.
The proposed ordinance is also “susceptible to abuse and unequal enforcement,” given CPD’s documented pattern and practice of discriminatory policing.
“The concern is that this would subject Black and brown teenagers to the same over-policing we’ve seen in the past that violates equal protection rights and is harmful and unjust,” she continued.
There’s also the issue of CPD’s dispersal orders, which Yarusso said are often ineffective. She and other NLG attorneys are representing people who were arrested during the pro-Palestine demonstrations at the Democratic National Convention (DNC) in Chicago last year. Chicago police used these dispersal orders to justify arrests.
Yarusso added that they’re winning some of these DNC arrest cases in court because CPD didn’t properly manage the dispersal orders.
“We’ve seen in these cases that they did not properly issue and enforce dispersal orders in those arrests,” Yarusso said, referring to CPD. “They weren’t in compliance with the city ordinance, which is disorderly conduct, or their own CPD policies. So [in] broadening their arrest powers in the context of curfews to arrest the city’s young people, I have no faith that they’re going to follow the law and their policies in those contexts.”
Mayor Brandon Johnson opposed Hopkins’ initial proposal to move up the youth curfew to 8:00 p.m. When reporters asked about the new proposal that gives declaration authority to police, Johnson said nothing has been determined. He called the proposal an opportunity for ongoing conversation.
“I still have not seen any studies where placing a curfew in one section of a region or city yields the types of results that we want. We want all our communities to be safe and our young people to be safe,” Johnson told reporters during a press conference.
“We’re going to continue to make sure that all stakeholders are at the table to have a conversation about accountability and opportunity, but most importantly, how do we come together as a city to respond to an issue that requires all of us to participate,” Johnson continued. “We can’t just work on how to secure one particular section of the city. We have to do that for everyone, and I’m committed to that work.”
Jahmal Cole, founder and CEO of My Block My Hood My City (MBMHMC), said this moment highlights the ongoing need for continued investments in youth — not a punitive approach.
“We shouldn’t be criminalizing youth without providing them with alternatives or support systems,” Cole said. “We think that investing in youth is more important now than ever.”
Cole’s MBMHMC mentors young people through educational programs and field trips. The nonprofit will host its third annual Downtown Day in July, bringing 1,000 young people downtown. Each participant receives a $50 gift card and access to museums, restaurants and experiences they may not have access to in their neighborhoods.
“One bad news story is not going to stop us from investing in teenagers,” he said.
The post Downtown curfew proposal may violate the rights of Chicago youth, legal advocates say appeared first on The TRiiBE.
