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Tampa leaders table discussion on citywide children's curfew

The city has been considering an ordinance to keep kids indoors after hours since October when teens got into a deadly gunfight in Ybor City.

TAMPA, Fla. — Tampa City Council members opted Thursday morning to table a proposed curfew that could impact any family with children 16 years old and younger. 

The public hearing scheduled for 9 a.m. in city council chambers was set to be the second reading of the ordinance that would require kids to stay indoors after 11 p.m. most nights and midnight on Saturday nights. 

Councilmembers discussed the proposed ordinance, saying it should be built up more before passing.

"This has to be part of a comprehensive plan," Councilman Alan Clendenin (D1) said.

Lynn Hurtak (D3) moved to remove the item from the agenda, and the motion passed unanimously. Hurtak suggested programs, such as organized youth activities on Friday nights, to keep kids off the streets.

In part, the ordinance reads:

Minors Prohibited in Public Places and Establishments During Certain Hours; Penalty; Procedure- Adopted from Florida Statutes s. 877.22 

(1)(a) A minor may not be or remain in a public place or establishment between the hours of 11:00 p.m. and 5:00 a.m. of the following day, Sunday through Thursday, except in the case of a legal holiday. 

(b) A minor may not be or remain in a public place or establishment between the hours of 12:01 a.m. and 6:00 a.m. on Saturdays, Sundays, and legal holidays. 

(2) A minor who has been suspended or expelled from school may not be or remain in a public place, in an establishment, or within 1,000 feet of a school during the hours of 9:00 a.m. to 2:00 p.m. during any school day. 

(3) A minor who violates this section shall receive a written warning for her or his first violation. A minor who violates this section after having received a prior written warning is guilty of a civil infraction and shall pay a fine of $50 for each violation.

It's a solution that came up after a deadly gunfight broke out in Ybor City last Halloween. According to police reports, two groups had a conflict and more than one person pulled a gun and began firing. Two people were killed, 16 more were hurt during the conflict that happened during bar close. Tampa police have reported multiple minors were involved. 

So far, two Tampa City Council members, Bill Carlson (D4) and Hurtak), have voted against the curfew. 

Several community members have expressed that this may not be the best solution as it's not a permanent fix for the violence, others say it may take away resources that Tampa police need. 

Ahead of Thursday's council meeting, the American Civil Liberties Union also chimed in by writing this letter to the members saying it disagreed with the curfew as it is currently worded. 

In the letter, James Michael Shaw Jr. points out that the ordinance infringes on civil rights by saying, "Most importantly, the proposed ordinance is a bad policy because it attempts to override the wishes of parents as to how to raise their own children." 

Shaw Jr. adds, "It is the rights of parents, not the city government, to make decisions as to when and where their children may engage in otherwise lawful activities outside of the home."

If the proposal passed, the Tampa Police chief has said he will immediately start a campaign to educate both its department as well as local youth about the new curfew. 

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