Fayetteville City Council Special Meeting on Youth Protection Ordinance - September 18, 2023
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Fayetteville City Council Special Meeting on Youth Protection Ordinance - September 18, 2023
The Fayetteville City Council held a special meeting on September 18, 2023, solely to review a proposed youth protection ordinance (curfew) presented by Police Chief Braden. The meeting focused on discussing the details of the curfew, addressing misconceptions, and gathering council concerns. After extensive discussion, the council voted to reject the current proposed ordinance and direct staff to bring back a revised version incorporating council feedback and to engage partner agencies.
Discussion Items
- Chief Braden's Presentation: The chief presented the proposed curfew ordinance, outlining: who it affects (juveniles under 18 and parents/guardians), the times (weekdays 12 a.m.–5 a.m. for ages 16-17; weekends 1 a.m.–5 a.m.; for under 16, 11 p.m.–6 a.m. daily; truancy hours on school days 7:30 a.m.–4:30 p.m. for under 18), the location (within city limits), and the purpose (address juvenile crime and safety, parental responsibility). He provided data on juvenile contacts and violent incidents from July 1 to September 14, 2023, showing 24 incidents with 55 juvenile contacts, mostly during late-night hours.
- Constitutional and Legal Concerns: Councilmember Benavente questioned the constitutionality of curfews, noting that the ACLU has successfully challenged them in many cases. City Attorney Pullium explained that only one case (from the 4th Circuit) is binding on North Carolina, while others are persuasive. The council requested that the ACLU letter be presented at a future meeting.
- Data Requests: Councilmembers expressed concern that data provided was cherry-picked or incomplete. They requested comprehensive data on total crimes during the same period, not just juvenile-involved incidents, and better breakdowns by time of day and age.
- Partner Agency Engagement: Multiple councilmembers emphasized the need to collaborate with the county, school board, DSS, sheriff's department, and other agencies. Chief Braden mentioned initial meetings with DSS and the district attorney but noted that DSS deferred to the county manager. Councilmember Ingram proposed convening all “can-do partners” to discuss youth protection rather than a curfew alone.
- Specific Concerns: Councilmembers raised issues about the age limit (some suggested aligning with Charlotte’s under-16 curfew), truancy provisions affecting homeschooled children, the $100 fine on parents, enforcement at businesses, and the lack of a clear plan for what happens after a child is picked up (e.g., referral to DSS or mentorship programs).
Key Outcomes
- Motion to Reject and Revise: Councilmember Banks McLaughlin moved to reject the proposed ordinance as presented, direct staff to amend it based on the concerns discussed (including age limit, truancy hours, fine structure, and data requests), and to collaborate with partner agencies (e.g., county, school board, DSS, sheriff) to develop an interlocal agreement or resolution outlining responsibilities. The motion was seconded by Councilmember Ingram and passed 7-3. Voting in favor: Banks McLaughlin, Ingram, Hare, Thompson, Jensen, McNair, and others (not all explicitly named in transcript). Voting against: Councilmembers Benavente, Mahondros (referred to as Honros), and Dawkins.
- Motion to Include ACLU Letter: Councilmember Benavente moved that staff present the ACLU’s position paper on curfews in future discussions. The motion was seconded by Councilmember Mahondros and passed with opposition from Councilmembers Hare and Dawkins. The city attorney suggested inviting the ACLU to present directly.
Next Steps
- Staff will draft a revised ordinance incorporating council feedback and bring it back for further consideration at a future meeting.
- The city will reach out to partner agencies (county, school board, DSS, sheriff) to explore collaborative approaches to youth safety.
- The ACLU letter will be included in future presentations or the ACLU may be invited to address the council.
Meeting Transcript
Well, good evening, everyone. We would like to call our special meeting, Monday, September 18th special meeting to order. We welcome all of you who are joining us in the audience, those who joined us remotely. At this time, we will have the invocation, ask that you please stand for the prayer. We'll ask the councilwoman, uh Breton McNair would give us the prayer immediately following. If we could repeat the Pledge of Allegiance together. Because you are our shepherd, our protector, our defender. We desire to share some of our needs with you. Listen to each of our hearts as we silently share our most private and personal needs. Touch each person in this room that we might come to a decision that will support our entire city, not just our city, but the entire world may see us as an example. And Father, we give you praise, we give you honor in Jesus' name. Amen. Council, at this time, as we move forward, uh, we have the approval of the agenda. If we could have a motion to approve, we'll use our approval, Mayor. All right. So it's a motion by Councilmember Hare, seconded by Councilmember Thompson and Council. Going forward, we'll we'll use the uh the um pads for the vote uh request. All right, there's a motion any discussion on the motion. All right, Council look to you for action on approval of the agenda. Ma'am. All right. Madam Clerk, that is unanimous by those here as well as Councilmember Dawkins online. Uh, motion carries 10 0. Uh so as we move to the next item, we thank those who have joined us. Uh, it was a bit of uh uh confusion last week. Uh I understand uh in terms of what tonight's meeting will entail. Uh tonight, we set aside a special meeting to to review the youth protection ordinance uh as presented or proposed youth protection ordinance. Tonight we set aside a special meeting to review the youth protection ordinance as presented or proposed youth protection ordinance. We wanted this item to be in and of itself on the agenda without any other items so that we could spend the amount of time we need to work through any of the details and concerns that we've heard. If that wasn't clear, it is my apologies that that that was conveyed that way. But we felt that it was necessary to have the public hearing once a final version uh is passed, if it is if it is passed and presented to the public so that you can speak favorably or against. And so with that being said, I thank you for your understanding, and I'll turn it over to Mr. Manager for the next item. Thank you, Mayor. Um, Chief Braden, if you would come forward. He has a brief presentation, and is um toward the end of the presentation, he also um has the ordinance, proposed ordinance framed for further counsel discussion and direction. Good evening, Chief. Good evening, Mayor, Council. Uh, as we go over the actual PowerPoint proposal, I'd like to pass these uh this folder around for the council to review uh uh reference to some things that are pertinent to the conversation tonight. So curfews. Uh as I spoke previously about the proposed curfew, it it is that in general, a proposal for consideration as a way to deal with some of the problems we're experiencing as a city as it relates to youth and violent crime. Uh we understand that this is in the early phases of what a proposal should be, and we're trying to craft that or lay that out for the council so they have a good understanding of that. I've attended multiple meetings over the past several uh two weeks uh where there's been discussion. I want to address some of the misconceptions and misunderstandings about the proposed curfew as it sits as it was presented. So, in general, a quick overview of the curfews. I I think it's important to outline and uh define what is a juvenile. Who is a juvenile? North Carolina law defines a juvenile as any person under the age of 18 who is not married, emancipated, or in the military. However, the juvenile court only has jurisdiction over juveniles who are alleged to be delinquent or undisciplined. As it pertains to uh curfew laws, you know, curfew ordinances have been around for well over a century.
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