Oakland curfew plan assailed at hearing

Oakland City Councilman Noel Gallo has police remove two particularly loud curfew opponents from the Public Safety Committee meeting. Oakland City Councilman Noel Gallo has police remove two particularly loud curfew opponents from the Public Safety Committee meeting. Photo: Lance Iversen, The Chronicle Photo: Lance Iversen, The Chronicle Image 1 of / 1 Caption Close Oakland curfew plan assailed at hearing 1 / 1 Back to Gallery

A plan to bar city youths younger than 18 from being out in public after 10 p.m. appeared to suffer a stinging defeat on Tuesday when three members of the Oakland City Council's Public Safety Committee said they do not support the policy.

Councilman Noel Gallo, who introduced the proposal in September, backed away from the plan and agreed the council should instead focus on truancy. But Gallo said he still thinks a curfew would be a good way to keep youths away from crime.

After nearly two hours of sometimes scathing criticism from dozens of Oakland residents, Gallo said he was "really disappointed" by the council's decision, which he said, "shows a weakness and softness on this council."

"We've been in the same place for the last 20 years because you get people flapping their wings" about the curfew and similar polices, he said. "It scares everyone."

Gallo's plan said that anyone younger than 18 cannot remain in a street, park, public outdoor space or car between 10 p.m. and 5 a.m., unless they are accompanied by an adult 21 or older or involved in certain activities, such as traveling to or from work, doing an errand on behalf of a parent, or attending an official school, religious or city-sponsored recreational activity.

It would also ban minors from being out and about during school hours, from 8:30 a.m. to 1:30 p.m. It would bar anyone younger than 18 from being inside an Oakland business during curfew hours and require that business owners send any unaccompanied juveniles home.

The two-hour debate touched on deeper issues in Oakland: whether crime is a personal choice or the result of poverty, racism and urban neglect.

Many worried the policy would encourage police to spend evenings interrogating young black men out after curfew instead of stopping violent crime.

"We don't need Jim Crow laws in Oakland," said Andre Mouton, a 53-year-old Oakland youth mentor.

At times the debate turned into a shouting match, with dozens of protesters yelling, "No curfew! No peace!" Gallo asked police to remove two particularly loud curfew opponents.

The other three members of the committee said they don't believe the curfew is a good way to fight crime in Oakland.

"I think there are a number of reasons, especially a police force that is understaffed," said Councilman Dan Kalb. "I don't think it is a good use of our time, their time. ... I want our police officers focused on responding to high-priority 911 calls."

Oakland residents who spoke at the meeting were nearly unanimous in their opposition.

Persephone Smith-Donohoe, a 10-year-old West Oakland fifth-grader, said she doesn't see the sense in using police to keep her at home when she takes a midday break.

"I'm home-schooled and sometimes I walk to the park, and now you're going to send an armed man to take me back to my house," Persephone said. "That doesn't seem very cool."

Kyla Lewis, another 10-year-old Oakland fifth-grader at Laurel Elementary, said it isn't the government's job to make sure she stays home and studies.

"I don't think it is right for that guy," Kyla said, referring to Gallo, "whatever his name is, to tell parents what to do. He didn't spend nine months pregnant with me, so he can't tell me what to do."