Our Voice: Pasco’s outdated curfew law should go

When a law is no longer in use it should be removed from the books, and Pasco’s outdated curfew law is one that falls in that category.

Signs are posted around town telling kids 17 and under that they cannot be out on city streets between midnight and 5 a.m. But police don’t enforce the restriction, and there is a chance it violates the state and U.S. constitutions.

If the law is no longer needed and potentially unconstitutional, Pasco officials might as well get rid of it.

Pasco Mayor Matt Watkins said it isn’t that city officials want to see kids wandering the streets at night — they don’t. But the curfew law was approved decades ago as part of a sweeping national effort to combat gang activity.

That “broad brush” approach to gang crimes no longer applies, Watkins said. Times have changed, and city codes should be updated to reflect that.

While antiquated laws can offer a bit of humor if they stay on the books long enough — like the state law that bans buying a mattress on a Sunday (seriously) — it makes sense to keep the record of city codes and ordinances as tidy as possible.

Last year, England’s Parliament decided it was time to start tackling the 44,000 pieces of legislation on the books that no longer apply to the world we live in now. So Britain’s Law Commission set about reviewing and repealing them — an extremely time consuming task.

Pasco certainly is nowhere close to having that many irrelevant laws on its books, but still, it makes sense to occasionally cull through old laws before they add up and bog the system down.

Watkins also said it is better for city regulations to be consistent. He is right. Residents shouldn’t have to wonder if a law is going to be enforced or not.

Pasco City Attorney Leland Kerr said the issues surrounding the curfew law are “vagueness” and privacy rights. It also is tough for police to enforce because there are exceptions to the law and it is difficult to know if a teen might be legally excused for being out at night.

For instance, running an errand for parents and attending a supervised school or religious activity are considered reasonable exceptions.

The curfew law was enacted in 1994 at the peak of gang warfare and it was part of an overall crackdown on juvenile crime. The Pasco code made it a civil infraction for any minor “to knowingly remain, walk, run, stand, drive or ride about” in a public place or on the premises of an establishment during curfew hours.

During the recent city council discussion on the issue, Watkins said the city has more tools now to combat troublemakers and not just a class of sub-18-year-olds. Kerr agreed and added that the city now has better ways to address truly unlawful conduct, while the curfew is a “dubious” tool.

Repealing the curfew is primarily a housekeeping measure, and there’s nothing wrong with keeping the books as uncluttered as possible.

When the issue comes up for a vote sometime at a future city council meeting, Pasco should decide to scrap this old idea along with the curfew signs still posted around town.

This story was originally published August 3, 2016 at 3:52 AM with the headline "Our Voice: Pasco’s outdated curfew law should go."