Pensacola City Council Curfew Ordinance Stalls After Procedural Shuffle Over Second
(Pensacola, F.L.) — Pensacola’s proposed juvenile curfew ordinance hit a procedural snag Thursday night, delaying a final vote after Council President Allison Patton withdrew her second to allow legal staff time to revise the measure.
The ordinance would establish a citywide curfew for minors with exemptions for work, school activities, and travel with an adult 21 or older. The administration brought it forward following a July shooting downtown where police said hundreds of juveniles were present after midnight.
Councilman Jared Moore made the motion to approve. After a long pause where it appeared the ordinance would fail for lack of a second, Patton seconded the motion “for discussion,” allowing debate to begin.
During nearly two hours of discussion, council members raised concerns about the ordinance’s scope. Councilwoman Jennifer Brahier cited the 21-year-old guardian requirement and exemptions for sports travel, midnight mass, and other routine activities.
Councilman Casey Jones called the draft “too broad,” noting the city’s previous curfew ordinance was struck down at the appellate level for that reason. Councilman Casey Jones said he had issues with the 18-vs-21 distinction but was open to amendments.
With sentiment split, Patton withdrew her second to give legal staff a chance to revise the ordinance before it moved forward. Under council Rules and Procedures, a motion without a second cannot be debated or voted on.
(Mayor Reeves questions whether the withdrawal of a second is allowed, per Robert's Rules)
Mayor Darcy Reeves then intervened, asking whether Roberts Rules allowed a second on a motion to be rescinded. Staff Director, Don Kraher explained that the Council’s rules and procedure supercedes Robert’s Rules, confirming that Patton was able to withdrawl her second.
Councilman Casey Jones then motioned to postpone the ordinance rather than vote it up or down. Patton seconded noting a vote to defeat it on first reading would have killed the ordinance outright, postponement keeps it alive for potential amendments and a future vote.
Chief Eric Winstrom described the curfew as a “tool” for officers to remove juveniles from dangerous situations, not as a mandate to patrol for underage residents. He said it would be used sparingly and with a “victim-centric approach,” citing a July 5 incident where officers identified children as young as 10 and 11 in a crowd of roughly 500.
Residents urged council to reject the ordinance, citing civil liberties, racial disparities and data on effectiveness.
Alex Hatley said curfews fail to address root issues. “Curfews don't reduce crime. The National League of Cities reviewed decades of research in 2018 and found no evidence that curfews lower juvenile crime or victimization rates,” Hatley said. “If you want fewer calls about kids at night, give them safe places to be.”
(Chanson Brummet describes the potential for racial bias to become an issue with curfew enforcement)
Chanson Brummet tied the proposal to past police actions. “My neighbor, Tymar Crawford, was murdered by the Pensacola Police Department in 2019 because of a law that allowed police to pull you over if they said they smelled marijuana coming from the vehicle,” Brummet said. “Now we're giving these same officers another weapon to racially profile young black men.”
Declan McGurk argued discretion drives bias. “It's because the police are allowed so much discretion that conscious and unconscious racial bias prevails, even though the laws themselves appear colorblind,” McGurk said.
David Novlock, 17, said the ordinance misses bigger risks to youth. “You can walk away from my school, Pensacola High School, about a quarter mile, and be at a drugstore,” Noblock said. “I think that putting something like that that close to a school is putting the youth in much more danger than having them out between the hours of 11 and 6 could.”
(David Novlock urges the council to vote against the curfew ordinance, and instead help with youth drug problems)
The ordinance will return at the next city council meeting
Read OpGov.News’ full meeting summary and live coverage here.
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