ATLANTA — A new measure on teen curfews is getting rolling at the Atlanta City Council, following the shooting death two weeks ago of a 16-year-old at a late-night gathering near Benjamin E. Mays High School.
The measure, Ordinance 22-O-1908, which was introduced last year after two teens were shot and killed near Atlantic Station during Thanksgiving weekend, could apply to teens 16 and under and make it illegal for them to be unaccompanied in public between a proposed change for 10 p.m. and 6 a.m. for weekends and weekdays.
An accompanying piece of legislation, Ordinance 23-O-1306, would establish penalties for violating the curfew - warnings on the first two occasions a minor was caught violating curfew, and on the third occasion a requirement for both the minor and their legal guardian to attend "educational programs designed to address specific issues relevant to the child's circumstances."
If passed by the full council the new law would not only move the curfew time up, but also remove the current $1000 fine.
Violators could have to instead participate in a mentorship program.
“Basically, if you get caught for a second time outside past that curfew and we don’t know where you’re going, we’re gonna make it so that you have to go to Mothers Against Gun Violence, or Black male initiative. We want to keep you, we want to hug you,” said Councilmember Antonio Lewis, who sponsored the legislation.
Although both pieces of legislation passed after the Atlanta City Council's Public Safety & Legal Administration Committee when they convened on Monday, the full Atlanta City Council needs to vote on the legislation for it to be enforced.
The same legislation was considered earlier this year after a shooting broke out among youths near Atlantic Station, leaving two dead. However, was tabled in February.
Councilmember Keisha Waites who tried to push for the legislation last year is hoping the latest change will get the support it needs.
“It’s my belief that if we had had this conversation back in November, when we should have, we would be having this conversation surrounding Bre’ Asia Powell. This is not a panacea it’s not going to fix all the challenges we’re chasing, we know that already,” said Waites.
Fulton County passed a curfew in February that the county Board of Commissioners hoped would serve as a model for Atlanta; the county itself only governs a small slice of unincorporated territory where it applies.
There are several carve-outs to the proposed Atlanta curfew, among them:
- When the minor is upon an emergency errand directed by such minor's parent or guardian or other adult person having the lawful care and custody of such minor.
- When the minor is returning directly home from a school activity, entertainment, recreational activity or dance.
- When the minor is returning directly home from lawful employment that makes it necessary to be in the places referenced in this section during the proscribed period of time.
- When the minor is attending or traveling directly to or from an activity involving the exercise of first amendment rights of free speech, freedom of assembly or free exercise of religion.
- When the minor is in a motor vehicle with parental consent for normal travel, with interstate travel through the city, excepted in all cases from the curfew.
- When the minor is a homeless child or youth.
- When the individual is legally emancipated pursuant to a court order.
- When the individual is married.
“When the young folk shot up Mays High School, what were they trying to do? They didn’t care who they hit, the guns that they were using, we should have her out on the streets,” said Councilmember Antonio Lewis, who sponsored the legislation. Lewis says the was sparked by the shooting death of 16 year old Bre’Asia Powell.
Powell was shot near mays high while celebrating the end of the school year with friends.
Councilmember Keisha Waites tried to push through a similar curfew last November, after several kids were shot near Atlantic station over thanksgiving weekend.
but the effort stalled when people voiced concerns about the constitutionality of it. and now she’s hoping this latest change will get the support
“It’s my belief that if we had had this conversation back in November, when we should have, we would be having this conversation surrounding Bre’ Asia, Powell Grandfather loss so it’s my home that this is common sense solutions. This is not a panacea it’s not going to fix all the challenges we’re chasing, we know that already,” said Waites“.
The proposed curfew change goes to the full council for consideration during next Tuesday's meeting.