The following is a transcript of this video.

Politicians and public interest groups are always looking to protect youth. They have a long list of so-called bad guys that they believe are a danger to young people. Even if in all this, they ignore the very many actual dangers youth face every day. Maybe there are things they find much more important than the well-being of young citizens. But then, who’s going to help young people? Who really cares about them? I’ll tell you who.

That’s us! We’re the National Youth Rights Association, or NYRA for short. I’m Katrina Moncure, secretary of NYRA and board member. There I am holding my cat, Midnight.

Anyway, NYRA has many goals. We want to lower the voting age to 16. We want to lower the drinking age to 18. We want all youth curfew laws abolished. Those are our major goals, but we have lots of others, too.
(more…)

Comments(0)

The difference in time between parts 1 and 2 and parts 2 and 3 should show you just how quickly this issue snowballed, as should the following sentence. On Monday night, October 22, the local curfew law was repealed. This comes about a month after the village board proposed the bill to repeal it. And what a month it has been.

Shortly after the bill was proposed, I was contacted by a reporter from The New York Times, who found out about the campaign through the New York Civil Liberties Union. I spoke to him for a while, and the article came out the following week. In print, it had a good picture of me and a few other members of the club that they didn’t put on the site. Oh, well. Picking up on the story in the Times, two radio stations covered the story and a local TV station interviewed me for a very good segment they ran that night. An article in a regional paper came out the following day, and a local paper followed a couple weeks later.

Following this publicity, I printed out piles of paper with petitions for people to sign and talking points for why the curfew should be repealed. A friend of mine made a nice informative flyer that we gave out as well. In the middle of all of this, I had a meeting with the deputy chief of police. I hoped to get the support of the police, since a major reason that the curfew was being kept was that the police liked it. The meeting wasn’t as successful as I had hoped, but it was worth a try.

Finally, the day of the bill’s public hearing arrived. On Monday, I gave out last-minute reminders to village residents who had said they would attend the meeting (and told them to bring parents, since unfortunately, elected officials listen more to the people who can remove them from office.) A little after 7, a friend and I drove over to the meeting. Butterflies in my stomach, I parked in the lot by the village hall, and noticed something I definitely didn’t expect. A news van was parked in the next row. As was another news van. Now even more nervous, we walked inside and were greeted by a crowd of high school students, at least three times as many people as I had expected. There were opponents there as well, of course, but they were outnumbered. (I found out later that a number of the students came from other towns as part of a government class assignment where they had to attend a village board meeting, and they decided that this was the most interesting local issue on Long Island.) It was really quite intimidating speaking at the meeting. As soon as you stood up, you were handed a microphone so the people who were overflowing into the next room and outside the building could hear, and three TV cameras and a number of microphones swiveled toward you (turns out several of my friends were quoted on local news channels and I was on the radio). One after the other, a former mayor, myself, and a cascade of students and worried residents made their cases. With a few exceptions, I was extremely impressed.

Then, finally, the board ended the discussion and voted, unanimously, in favor of the bill. The only regret any of us had was that it is effective after this year, and so the curfew is still on for this Tuesday and Wednesday, giving the village a year to consider what measures they can put in place (up to and including another curfew) for next year. I signed up to be on a committee to decide what should be put in place of the curfew, and I will, of course, argue against another curfew. However, there are a lot of people arguing very vocally for it to be put back on the books, and they may get their way. However, at least the status quo is now on our side, and if nothing else is pushed through before October 30th, 2008, there will be no curfew next year. This shows just how much any of us can do with a few dedicated people, some good, respectful, well-reasoned arguments and a slow news month.

To hopefully not be continued.

Comments(0)

The following is a rough transcript of this video.

I’ve lived in the DC area my whole life. I ride metro sometimes. I love the Redskins.

But there is one thing about the city that I am utterly ashamed of, and that is that Washington DC has a youth curfew law in effect. Under the law, if you’re under the age of 17, you cannot be out past 11pm. The city officials created this law back in 1999 (I think?) to make residents believe they were doing something about a crime problem. But it doesn’t make any sense. How exactly do you solve a crime problem by blaming on a scapegoat demographic, a group of people everybody already hates anyway?

And this is dangerous. If there is a crime problem, then it’s because law enforcement is inadequate. All a curfew law does is give inadequate law enforcement more to do. Last year, there were several hundred counts of homicide, several hundred counts of sexual assault, and two thousand counts each of car theft, assault with a deadly weapon, robbery, arson, and of all kinds of other things.

What do you tell these victims when you’re sending law enforcement after innocent teenagers?

What do you tell a woman who was raped, but the cops were busy arresting a 16-year-old who was coming home from work a little bit late?

What do you tell a family when their house was broken into late at night when the police were waiting outside a club somewhere that was full of teenagers so they could arrest good kids for curfew violation?

What do you tell little kids when Daddy won’t be coming home anymore because he was shot to death by a 30-year-old mugger while the police were busy hassling a 19-year-old who looked like he was too young to be out?

What do you tell a good mother who must go to the police station late at night to pick up her 14-year-old daughter, who was picked up for being outside, and to have to be told that she is an irresponsible parent because she allowed her daughter to be out?

What do you tell a disabled uncle, whose only helper is his 15-year-old nephew, and he needs an errand run late at night, but if that 15-year-old were to help him, he’d be a criminal?

Who’s helping any of these people? The curfew isn’t protecting anybody. Instead it’s just distracting the main protection that they have. You’re sending law enforcement after a scapegoated demographic and not after criminals, which makes everybody more vulnerable, everybody more unsafe.

Curfews aren’t the answer. They just increase crime. You can’t solve a crime problem by just discriminating against people and taking away their constitutional right to be outside. It doesn’t do anything. It doesn’t do anyone any good. It’s just a “feel good” law which accomplishes nothing.

So please, if you want to solve a crime problem, get rid of the curfew, strengthen law enforcement, and go after the real criminals!

Comments(0)

It may seem strange that I posted “Part 2″ after this title, but there was in fact a Part 1. It was posted December 8, 2006, so you have to go back quite a bit to find it. The post was about the opposition a few other students and myself were putting up to a local 7PM curfew for October 30 and 31. I hoped to post an update sooner than this, but it’s better late than never. Here’s the update I promised.

After about 8 months of near-silence (with the exception of a couple e-mails) from the village, I e-mailed the local chapter of New York’s ACLU affiliate. They contacted the village, who agreed to discuss the curfew again at their meeting this past Monday night. I spoke again, and the reaction of the board was fairly similar to last November. The trustees didn’t even remember seeing our suggestions for alternatives to a curfew, which were sent to the village in January. However, one board member did seem more supportive, on constitutional grounds. I had to leave early, but someone from NYCLU who came spoke after I left and was, I heard, received in a similar way.

Tuesday, I heard from a fellow activist that she had been called by the village clerk, who said that a bill had been introduced to repeal the curfew, which would have a public hearing on October 22. An e-mail to the clerk confirmed this. I quickly sprang into action, contacting other supporters, and attempting to get people to attend the public hearing. I’m also attempting to meet with the police, whose recommendation to keep the curfew is a major reason it’s still on the books.

It’ll be tough getting the support together in a month, but if we can and we get the bill passed, it will be a major step for youth rights. Our opponents are many and determined (one approached me after I left the meeting on Monday and began arguing with me about it and vowing to prevent it from being repealed), but mass movements can get something done. Hopefully, this can become a mass movement. Only time will tell.

To hopefully be continued…

Comments(0)

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code ‘ 1-204.12(a)).

Comments(0)

I feel as though the government is more concern about limiting the rights of teenagers throughout the country and Dc.The More important things for instant education and improving schools seems to be not a big issue.The laws the government make to improve things always never work.Crime rates are high so they think limiting the rights of teens is the best solution instead of training more police officers or putting them in areas they need to be.So what happens when there is a curfew and teenagers are ban from clubs and the crime rate is still high WHAT NEXT!!! is the question .I think these law makers need to think.Controling young adults life does not solve the issues and problems in society its just only cause problems and take away our freedom.Government might as well make a law saying that 21 and under the constitution does not apply to them because all our rights are being taken away one by one.Funny we can go to war for our country at the age of 18 but we cant go to clubs and enjoy ourselves.Now does that make sense?The question now is what is the age group are you considered an adult and able to decide when and where you can go somewhere without the government interfering.I thought it was 18 but i guess not.I just came to the conclusion that we do not have any rights or privacy in this country.

Comments(2)

As was reported in a previous NYRA blog entry, NYRA participated in several work group sessions with DC City Councilmember Jim Graham. Graham wanted to introduce an ageist bill, but was willing to listen to some of what we had to say, and the final draft of the legislation was significantly better than what Graham was going to introduce before. While NYRA appreciates Councilmember Graham’s willingness to let us participate in the legislative process, we are still opposed to his bill for a number of reasons.

Last night several NYRA members attended a public committee hearing at which Graham’s bill was discussed at length. Towards the end of the hearing, NYRA Executive Director Alex Koroknay-Palicz, NYRA President Scott Davidson, and ACLU of the National Capitol Area Legislative Council Stephen Block testified against the bill. Mr. Block’s testimony focused on the provision in the bill that makes underage drinking a criminal offense in certain places. The remarks that Koroknay-Palicz and Davidson delivered to the committee focused mostly on the aspects of the bill that make it more difficult for those under eighteen to enter bars and clubs.

Councilmember Graham introduced his bill in response to the tragic death of Talesha Ford, a seventeen year old woman who was shot at a DC night club. In addition to making clubs safer, the bill will keep young people out of many bars and nightclubs. NYRA feels that instead of violating the civil rights of potential victims, the government should work to keep dangerous criminals out of these establishments. As Alex Koroknay-Palicz said in his testimony “…the person we need to blame is the man who pulled that trigger. The shooter is and was an adult. If this bill was enacted then, it would have done nothing to stop him from being at that club. His stray bullet would have just hit someone else and a different family would now be mourning.”

The hearing lasted about four hours, and most of the people who testified supported it. Much of the testimony did not deal directly with the issues with which NYRA was most concerned. NYRA brought a number of young people to the hearing, but they had left by the time NYRA representatives testified.

NYRA does support certain aspects of this bill. We think that having clubs submit security plans and allowing clubs to directly hire off duty police officers are excellent ideas.

Comments(1)

Before the Committee on Public Works and the Environment

of the Council of the District of Columbia

Testimony of

Alex Koroknay-Palicz

On behalf of the

National Youth Rights Association

on

Bill 17-88

The Protection and Safety of Underage Persons Amendment Act of 2007

April 18, 2007

I’d like to thank Councilman Graham for organizing the workgroup meetings to discuss this bill over the last few weeks. For the most part they were very productive and I sincerely appreciated the opportunity to participate in them. I echo the wish of others at the workgroup: these meetings shouldn’t stop once this bill is passed. Thanks to the impressive work workgroup, this bill has been improved greatly over the initial draft.

That being said, I am not happy with this bill and the membership of the National Youth Rights Association is not happy with this bill. The focus of this bill is on teens when the focus should be on violence. The focus of this bill is on Taleshia Ford; this bill blames Taleshia Ford for being in the club that day, and it blames Taleshia Ford for getting hit by a stray bullet. This bill blames the victim and all of her peers for a heinous crime, when the person we need to blame is the man who pulled that trigger. The shooter is and was an adult. If this bill was enacted then, it would have done nothing to stop him from being at that club. His stray bullet would have just hit someone else and a different family would now be mourning.

This bill loses sight of what its real goal should be: to stop violence and make our clubs safer for all people. The one part of this bill that does address violence directly is the requirement that clubs submit a security plan and obtain proper training for their security personnel. This is a wonderful idea and most people at the workgroup were supportive of it.

My issue with it, however, is it does not go far enough.

At the workgroup meetings, the majority of those present reached the conclusion that only a handful of clubs would apply for this underage endorsement, many of whom being clubs that are safe venues to begin with. The unsafe venues will, no doubt, just impose an 18-year-old limit and avoid the security plan requirement altogether. This inevitability was laughed off at the meetings, but this is the central weakness of this bill. The dangerous clubs won’t have their security plans monitored, and the safe clubs will.

There is something intrinsically wrong with that.

At several points during the workgroup meetings I, and others, suggested that we should simply require ALL clubs submit a security plan. Each time that was suggested, I noticed many nods of approval and even a few fist-pumps from the people around the table in agreement, yet this suggestion was seen as a distraction from this bill and never allowed to be discussed in depth.

I think this is exactly what we should be discussing. Violence at clubs is a problem that affects all people regardless of their age. One dead 18-year-old is no better than one dead 17-year-old. I believe it was the representatives from Peaceaholics who pointed out that having properly trained security personnel at the clubs is one of the best ways of defusing violent, confrontational situations. If this is such a good solution, why limit it to a handful of clubs that apply for an underage endorsement?

All clubs – regardless of the age of their patrons – should submit a security plan.

If we do that, we would be, in effect, requiring all clubs in the city to get an underage endorsement and there would no longer be a need for the 18-year-old age requirement. All clubs would be treated the same.

A key benefit of this is it covers cases where teens under 18 sneak into clubs without the underage endorsement. This is the danger a two-tiered system creates. If we are going to legislate a class of safe clubs and a class of dangerous clubs, teens will somehow, someway, find a way into those dangerous 18 and over clubs who don’t have to submit a security plan. If all clubs have trained personnel at the door, then this is much less of a worry.

Finally, I’d like to end by pointing out the lack of youth input into this process. The workgroup meetings were wonderful, but there was no representation by those who this bill seeks to govern the most: teens under 18. The only semblance of “youth” present were from my organization, the National Youth Rights Association.

Whether it is this bill, or our schools, or the curfew, or any other issue that affects the daily lives of youth – their voice is not listened to when it should be the most important. There has not been enough effort to bring their voices into government and there has not been enough good faith to listen to their voices when they do speak. It is my hope that DC can follow the example of countries like Austria and Brazil and truly apply their slogan of “Taxation without representation” by lowering its voting age to include young people in this process more directly.

Perhaps then we could get down to the real business of making our city safer for all people – regardless of age – instead of proposing bills that distract us from that worthy goal by punishing teens for the crimes of adults.

Comments(1)

A BILL

___________

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

___________

To amend Title 25 of the District of Columbia Official Code to prevent the entrance of persons under the age of 18 into alcoholic beverage control licensed nightclubs, or into licensed establishments with entertainment endorsements during curfew hours, with certain exceptions, including accompaniment by a parent or legal guardian; to allow certain nightclubs and licensees with entertainment endorsements to apply for underage endorsement, to include a written security plan with specific requirements; to establish grounds for denial, suspension or revocation for two primary tier violations; to clarify that licensees shall maintain ownership and control of a venue, including responsibility for security, when renting or providing a venue to promoters or for special events; and to allow licensees to hire individual off-duty officers directly.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Taleshia Ford Memorial Amendment Act of 2007”.

Sec. 2. Title 25 of the District of Columbia Official Code is amended as follows:

(a) Section 25-782 is amended as follows:

(1) A new subsection (a)(1) is added to read as follows:

“(a)(1)(A) No licensee under an on-premises retailer’s license, class CN or DN shall permit a person under 18 years of age to enter the licensed establishment.

“(B)(i) No licensee with an entertainment endorsement, shall permit a person under 18 years of age to enter or remain in the licensed establishment from 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday, until 6:00 a.m. on the following day, and from 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.

(ii) During the months of July and August, the restriction shall be from 12:01 a.m. until 6:00 a.m, Monday through Sunday.

(C) This subsection shall not apply if the establishment receives underage endorsement, pursuant to subparagraph (D) of this paragraph; or if the person under 18 years of age is:

(i) Accompanied by a parent or legal guardian;

(ii) Involved in an emergency;

(iii) A paid employee of the licensee;

(iv) A person providing entertainment, with or without remuneration;

(v) Working with a government agency as part of a licensee compliance check; or

(vi) Attending a social gathering where alcoholic beverages are neither sold nor served at the licensed establishment. A social gathering for persons under 21 years of age shall only be held after all alcoholic beverages have been secured and written notice has been provided by the licensed establishment at least seventy-two hours in advance to both MPD and ABRA.

(D) A licensee, other than an establishment that permits nude dancing, may submit an application for “underage endorsement”, for review and approval by the Board. An initial application may be submitted at any time. Thereafter, underage endorsement shall be placed on the applicant’s license and subject to renewal with the license. Such application shall include:

(i) The specific age category to be admitted;

(ii) A written security plan which shall include at least the following elements:

aa. A statement on the type of security training provided for, and completed by, establishment personnel, including conflict resolution training; procedures for handling violent incidents, other emergencies, and calling MPD and ABRA inspectors; and procedures for crowd control and preventing overcrowding;

bb. The establishment’s identification checking and patron search procedures; and

cc. Procedures for ensuring that only persons 21 years or older are served alcohol.

(iii) In determining whether an application is adequate for approval, the Board may consider:

aa. The licensee/applicant’s incident record; and

bb. The type of programming to be presented at the licensee establishment.

“(E) Two “tier-one” violations within a two-year period, or a pattern of violent incidents related to the operation of the establishment, will be grounds for denial, suspension, or revocation of “underage endorsement”.

“(F) Notwithstanding this subsection, the holder of a class CN or DN retailers license, or the holder of a any retailer’s license with an entertainment endorsement, may submit an application pursuant to paragraph (D) of this subsection for a one-day underage endorsement. The application may be submitted as soon as possible but no less than 10 calendar days prior to the event. If the application is not submitted within 10 calendar days prior to the event, the Board shall not accept the application. The Board has no authority to grant such a request more than six (6) times in a calendar year.”. (2) Subsection (b) is amended by striking the phrase “violating subsection (a)” and inserting the phrase “violating subsection (a) or (a)(1)” in its place.

(3) A new subsection (f) is added to read as follows:

“(f) A violation of either subsection (a) or (a)(1) shall constitute a primary tier violation under Section 25-830(c)(1).”.

(b) A new section 25-797 is added to read as follows:

Ҥ 25-797. Limitation on Transfer of Responsibility for Licensee Security

“(a) The holder of an on-premises retailer’s license may rent out or provide the licensed establishment for use by a third party or promoter for a specific event provided that the licensee maintains ownership and control of the licensed establishment for the duration of the event, including modes of ingress or egress, and the staff of the establishment, including bar and security staff.

“(b) Under no circumstances shall a licensee permit the third party or promoter to be responsible for providing security or maintain control over the establishment’s existing security personnel.

(c) A violation of this section shall constitute a primary tier violation under Section 25-830(c)(1).”.

(c) Section 25-1002 is amended by adding a new paragraphs (b)(4) and (5) to read as follows:

“(4)(A) A licensee may, without force or violence, confiscate any identification that it has reason to believe is a fraudulent identification document presented for the purpose of entering a licensee establishment or purchasing alcoholic beverages.

(B) The licensee shall submit the identification so confiscated to a law-enforcement officer at the police district in which the establishment is located within forty-eight hours of its confiscation.

(C) A law enforcement officer shall provide the licensee a receipt for each identification received pursuant to subparagraph (B) of this paragraph.

(D) A licensee shall not be liable for any civil damages for confiscation of identification under this paragraph other than personal injury, unless it is proven the licensee acted in bad faith or maliciously.

“(5)(A) The processing fee for the filing of an underage endorsement application, including a one-day permission, shall be one hundred and fifty dollars ($150). The initial and annual fee for an underage endorsement shall be three hundred ($300), to be charged in addition to underlying license fees and the processing fee of an underage endorsement application. The Board shall establish an appropriate fee for a one-day underage endorsement.

(d) Section 25-1002(c)(4)(D) is amended to read as follows:

“(D)(i) No person under the age of 21 shall be criminally charged with the offense of possession or drinking an alcoholic beverage under this section, unless it is alleged that the crime occurred within a licensee establishment, but shall be subject to civil penalties under subsection (e) of this section.

“(ii) Notwithstanding the provisions of subparagraph (A) of this paragraph, but subject to the provisions of subparagraphs (B) and (C) of this paragraph, whenever any person has attained the age of 21, or whenever all juvenile court proceedings relating to that person have been terminated, whichever is later, any person who was arrested for, or criminally charged by information with, any offense under this section when under the age of 21 may petition the court for an order completely expunging from the official records all records relating to the arrest, information, trial, conviction, or dismissal of the person.

“(iii) Notwithstanding the provisions of this paragraph, all records relating to the arrest, information, trial, conviction, or dismissal of the person, shall be completely expunged upon the person’s satisfactory completion of a diversion program established by the Mayor, or when the person reaches 21 years of age, whichever first occurs.”.

(e) Section 25-798(b) is amended by adding a new paragraph (f) to read as follows:

“(f)(i) Notwithstanding any provision in this subchapter, a licensee or licensees, independently or in a group, may directly hire an individual, off-duty MPD officer to patrol the surrounding area of an establishment for the purpose of maintaining public safety, including the remediation of traffic congestion and the safety of public patrons, during their approach and departure from the establishment.

“(ii) An officer hired pursuant to this paragraph shall not enter or remain inside a licensee establishment unless the officer is responding to a call of alleged criminal activity within the establishment.”.

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement provided by the Chief Financial Officer as the fiscal impact statement required by section 602 (c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02 (c) (3)).

Sec. 4. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).

Comments(0)

COUNCILMEMBER JIM GRAHAM, CHAIRPERSON

COMMITTEE ON PUBLIC WORKS AND THE ENVIRONMENT

ANNOUNCES

A PUBLIC HEARING

ON

Bill 17-88, The “Protection And Safety Of Underage Persons Amendment Act of 2007”

WEDNESDAY APRIL 18, 2007 AT 6 P.M.

Room 412, John A. Wilson Building

1350 Pennsylvania Avenue, NW

Washington, D.C. 20004

Councilmember Jim Graham, Chairperson of the Committee on Public Works and the Environment, will convene a public hearing on Bill 17-88, the “Protection and Safety of Underage Persons Amendment Act of 2007”. The public hearing will be held on Wednesday, April 18, 2007, at 6:00 p.m. in Room 412 of the Wilson Building, 1350 Pennsylvania Avenue, NW, Washington, DC 20016. This hearing has been abbreviated to provide notice to the public.

Chairperson Graham introduced Bill 17-88 on February 6, 2007. Chairperson Graham convened a working group to discuss, and find consensus on, various aspects of the bill, as introduced. The public hearing will include consideration of the results of the working group’s collaboration, in the form of a draft, revised version of the introduced bill. Copies of the draft, revised bill may be obtained by contacting the Committee office, or the office of Councilmember Jim Graham.

The Committee invites the public to testify or to submit written testimony, which will be made a part of the official record. Those who wish to testify should contact Mrs. LaDorsa Willis at (202) 724-8195 before 4 p.m. on Tuesday, April 17. Witnesses should bring 16 copies of their testimony to the hearing. Individuals will be permitted 3 minutes for oral presentation; individuals representing organizations or groups, 5 minutes.

If you are unable to testify at the public hearing, written statements are encouraged and will be made part of the official record. Copies of written statements should be submitted to Mrs. LaDorsa Willis, Committee on Public Works and the Environment, Room 116, 1350 Pennsylvania Avenue, NW, Washington, DC, 20004, or electronically at lwillis@dccouncil.us, by 5:00 p.m. on Thursday, April 19, 2007.

Comments(0)