‘Snap’ curfew ordinance could come to a vote in Chicago City Council

Downtown Chicago Ald. Brian Hopkins plans to call for a vote Wednesday on his proposal that would give the city’s top cop the power to implement a curfew in the city anytime, anywhere, with a 30-minute notice.

The council could vote on the proposal even as it remains unclear which city agency or official requested what has been deemed the “snap” provision of the ordinance — the piece that allows CPD to issue a curfew with just a 30-minute warning to kids to disperse.

The question was brought to the forefront after comments by Police Supt. Larry Snelling came to light last week where he criticized the 30-minute timeframe included in the proposal.

Snelling said he would “never use” that snap power, that it is “not something that I asked for or that I need” and that it would be “unfair to the youth who are already in that location” to issue a curfew with just a 30-minute warning.

The comments came as a surprise to some council members who were under the impression that Snelling had asked for the tool.

At a Tuesday news conference, Chicago Mayor Brandon Johnson, who staunchly opposes the ordinance in its entirety, denied asking for a 30-minute warning period.

“We didn’t ask for it. The superintendent didn’t ask for it. No one in my administration or my police department has asked for a curfew reduction,” Johnson said.

Deputy Mayor for Community Safety Garien Gatewood confirmed Tuesday, too, that he “didn’t ask for” the 30-minute provision.

Hopkins, 2nd Ward, told WBEZ he is also unsure who pitched the 30-minute timeframe.

“We were in a room, and the superintendent was there, the deputy mayor was there, a number of attorneys were there, drafters from [the Legislative Reference Bureau] were there. The mayor himself was there, and we all made suggestions. And I can’t remember where the 30 minute time period came from. It wasn’t the superintendent — fair enough — but it did come about as part of that discussion,” Hopkins said.

At the court hearing where Snelling spoke about the curfew ordinance, he said police could benefit from the general ordinance and the power to implement curfews beyond the city’s current 10 p.m. cutoff for kids, just not the 30-minute provision. He said he would only declare curfews when “teen takeovers” were brewing days in advance.

Hopkins as of Monday was still considering whether to tweak the ordinance in response to Snelling’s comments. A potential change would include a provision that outlines how much time police would or should realistically spend preparing to declare a curfew, as long as up to 8 hours, Hopkins initially posited. If amended, that provision wouldn’t diminish the bare, 30-minute minimum, though.

Hopkins argued it is not a “snap curfew” because in order to declare a curfew and give a 30-minute warning, police would have to collect evidence that a group of 20 or more kids are intending to commit crimes, and then would have to consult with Gatewood, as the ordinance spells out.

Hopkins said officials would also give notice to Chicago Public Schools and make social media announcements to inform kids ahead of time that a curfew is being issued.

“It requires consultation with the deputy mayor. It requires a series of criteria to determine that there is an event planned which will have a predominance of unaccompanied minors at a given location,” Hopkins said. “None of that can happen in the snap of a finger.”

Advocates have raised red flags that even though CPD may vow to not use the bare minimum of 30 minutes, the ordinance would still empower them to do so. They’ve raised concerns CPD will not be able to adequately inform youth that a curfew is being implemented within just 30 minutes, and that will lead to kids being unfairly cited for curfew, or constitutional rights violations.

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