Daytime Curfew

What is a daytime curfew?

  • This type of curfew normally means a person under the age of 18 cannot be out in public between the hours of 8 a.m. and 2:30-3 p.m.
  • Some cities have exemptions to daytime curfews, such as parental permission and home school exceptions.

Are daytime curfews legal?

  • In 1995 the Texas legislature passed a statute allowing Texas cities to adopt daytime curfews in order to deal with crime related to truants.
  • A child in public outside the parameters of a daytime curfew can be cited and fined.

The enforcement problem:

  • Even if home schoolers present defenses, it does not necessarily mean home schoolers will be exempted.
  • Police support the curfew as a tool for “zero tolerance” to deal with crime or truancy, which often leads to unequal enforcement.

Curfews discriminate and do not work.

  • Studies have shown that curfews do not reduce crime.
  • In Cincinnati truancy increased after the adoption of a daytime curfew.
  • These curfews are often enforced in minority areas more than in other areas.
  • In Houston police often cite students who are late to school.
  • Police can rarely provide data to show a correlation between truancy and crime statistics.
  • Daytime curfews circumvent truancy statute due process by allowing for prosecutions and fines for truancy by the city on any occasion .