Final answer:
Yes, a locality has the authority to establish an ordinance for curfew and/or loitering by minors.
Local governments have the authority to establish curfew and loitering ordinances for minors to maintain public safety. The ordinances must be non-restrictive to individual freedoms and historically have been used selectively against certain groups.
Step-by-step explanation:
Yes, a locality has the authority to establish an ordinance for curfew and/or loitering by minors. Ordinances are laws created by local governments, such as cities or towns, to regulate certain behaviors within their jurisdiction. These ordinances can address various issues, including curfews, loitering, and other restrictions on the behavior of minors. For example, a city may establish a curfew ordinance that prohibits minors from being in public places during certain hours, aimed at ensuring the safety and well-being of young people.
Local governments have the authority to establish curfew and loitering ordinances for minors to maintain public safety. The ordinances must be non-restrictive to individual freedoms and historically have been used selectively against certain groups.
Localities indeed have the authority to establish ordinances for curfews and loitering, especially concerning minors. These types of ordinances are often enacted in the interest of maintaining public safety and order. Historically, such ordinances have also been used as tools for selective enforcement against certain communities or groups, as was the case with LGBTQ individuals during and after Prohibition. Local governments have the power to regulate behaviors that are deemed to potentially disrupt the community, and this includes the ability to set curfews or anti-loitering laws that apply to minors. It is important, however, for these local laws to not infringe on constitutional rights. Therefore, they must be designed to be the least restrictive means available to accomplish their objectives, such as ensuring the safety of minors and reducing juvenile delinquency, without violating individuals' freedoms unnecessarily.
An example of local law enforcement's power can be seen in the way certain ordinances have at times been applied, such as the 'disorderly conduct' ordinance which was historically used to target LGBTQ individuals. Similarly, in Chillicothe, OH, the adoption of a stop-and-frisk policy showed the extent to which local police powers could be used in response to community issues, in this case, opioid-related crime.