Charlotte may raise age for curfew

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Charlotte may raise age for curfew

By The Charlotte Observer – June 7, 2011

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By Steve Harrison
sharrison@charlotteobserver.com

Prompted by the uptown violence of two weekends ago, the Charlotte City Council said Monday night it will consider raising the age on the city's curfew, which now says that people younger than 16 can't be out without an adult after midnight.

Patrick Cannon

Mayor Pro Tem Patrick Cannon, a Democrat, said the city should consider raising the curfew age to either 16 or 17. Cannon proposed a tighter curfew after the council received a briefing from Charlotte-Mecklenburg Police about the fighting and arrests on May 28 that culminated with a fatal shooting about two hours after the end of Food Lion Speed Street.

Around 1 a.m., police say, Antwan Terrell Smith was shot in the head and killed, and Durante Kavon James was shot in the leg. Police have charged Antonio Thompkins, 20, with murder and assault charges in connection with the incident near the Hilton Hotel in uptown. Police have said the shooting had gang overtones.

Cannon said he thinks a tougher curfew could have helped with crowd control around Speed Street. Police said Monday night that about 60,000 people - mostly teens and people in their 20s - had gathered in a four-block area adjacent to the festival.

"When you look at the video, there are a number of teens that are out at 12:01 a.m.," Cannon said. "There is no question they are 16 or 17."

The city's current curfew was passed in the mid-1990s, and has exceptions for teens who are working. It also allows for people younger than 16 to be out of the house if they are with an adult, even if it's not their guardian.

Mark Newbold, an attorney for the CMPD, said he believes the city could legally strengthen the curfew, so long as it kept exceptions.

He said the city could enact different curfews based on a minor's age. For instance, if a minor is 13, the city could have a 10 p.m. curfew, and a later curfew for older minors.

Democrat Michael Barnes suggested the city could enact a tougher curfew specifically for uptown.

"We'll look at all different options," Cannon said.

Council members voted 10-1 to refer the curfew question to the public safety committee, which Cannon chairs. Democrat Warren Turner voted against it.

Council members and Mayor Anthony Foxx were supportive of CMPD's response to the May 28 violence. Police gave their most detailed explanation of the crowds and violence Monday.

CMPD Deputy Chief Harold Medlock told council members that the violence this year wasn't unexpected.

Last year, on the final night of Speed Street, the police were surprised when large numbers of teenagers and young adults began congregating adjacent to the festival.

Police said there were "several fights" in 2010, and that CMPD made 54 arrests. CMPD had about 100 officers working the event in 2010.

"That was the first time we experienced anything like this," Medlock said. "We had an event within the event."

After that violence in 2010, CMPD said it increased its presence for Speed Street this year. It had 200 off-duty officers and 80 officers from the Central Division, which is responsible for uptown. In addition, 75 officers from a Civil Emergency Unit were on standby.

CMPD said they estimated there were 20,000 people that had come to hang out on the periphery of Speed Street in 2010. By 7:30 p.m., police said there were 35,000 kids, teens and young adults hanging out near the festival. By 11:30, police estimated that crowd had grown to 60,000.

The 75 officers from CEU were deployed between 7:50 and 8:20 p.m., according to CMPD.

Police released two videos from surveillance cameras showing crowds. In one video, a fight breaks out on Trade Street, near the Ritz-Carlton hotel. Police respond, and use a Taser on one of the people fighting. The crowd then scatters quickly, with people fleeing down College and Trade streets.

CMPD stressed that the violence wasn't a riot, saying there was no "large-scale civil disobedience," "mass property damage" or "mass violence and mass injuries to public and police."

After Democrat David Howard asked about reports of stealing from the store, CMPD said it didn't have any sustained reports about property damage or larceny.

"I'm hoping the media gets that," Howard said.

Howard was one of the council's most vocal defenders of how the city handled the violence.

"It was a public event - it wasn't a ticketed event," Howard said. "We shouldn't allow bad behavior. I'm from Charlotte, and you roll that (tape) back 20 years ago, and that was me downtown."

Foxx said the city handled the Speed Street-related crowds well. He said much of the problems stem from parents, who should be more responsible for their children.

"I want to be very clear, the violence that occurred on the evening of the 28th and early morning of the 29th is not only tragic, but it is unacceptable," Foxx said. "It won't be tolerated by our city."

Later during the meeting, Foxx said that uptown is "one of the safest places on the planet."

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