Paulsboro curfew is back, with exceptions

Seven months after eliminating its juvenile curfew, fearful of the prospect that legal challenges could arise, Paulsboro officials have instituted a new policy.

Borough Council unanimously gave final approval to the new curfew Tuesday night, and officials say the nighttime restrictions for those younger than 18 is to take effect Friday.

The new curfew will prohibit minors from being out between 10 p.m. and 6 a.m. Sunday through Thursday; the curfew on Fridays and Saturdays runs from 11 p.m. to 6 a.m., beginning an hour later than before. Unlike the previous curfew, exceptions are written into the new ordinance allowing, for example, teens to travel to and from work, and for minors to be out with written permission of a parent or guardian.

Juveniles who violate the curfew, and their parents, are to be given community service and can be subject to fines up to $1,000. The previous ordinance mandated a $25 fine for the first offense and fines of up to $1,000 for subsequent violations.

"I think government at times has to do the parenting," Paulsboro Councilman Gary Stevenson said Wednesday. He voted against repealing the previous curfew in October. "I don't think we're stepping on anyone's toes."

Paulsboro was among at least a half-dozen towns in the state that tossed their curfews amid concerns that they could be sued. Some officials worried after the ACLU-New Jersey sued a North Jersey town over its curfew - a case that ended with a settlement in September and the municipality's repealing the curfew.

John Paff, chair of the Open Government Advocacy Project for the New Jersey Libertarian Party, contacted Paulsboro and other towns in 2014 urging them to consider eliminating their curfews in light of the ACLU case.

Paff conceded Paulsboro's new curfew is "less drastic" but said officials should be examining ways to address any issues that warrant the curfew. He questioned instances in which parents orally give their children permission to, say, walk home past curfew but are not in a position to provide a written notice.

"They're inviting a lawsuit," Paff said. "They apparently believe this was the right direction to go. I don't."

ACLU-NJ representatives have said they believe juvenile curfews - no matter the exceptions afforded - to be inherently unconstitutional. Others, such as the New Jersey State League of Municipalities, say curfews can balance the rights of youths and withstand challenges when carefully constructed.