Local news reports that the City of Pittsburgh implemented a mandatory chaperone policy for minors who plan to enter Market Square between 3:00 PM and midnight. While chaperone policies for juveniles have previously been enacted at city pools in the past, a policy targeting a specific part of the city appears to be a new approach.
Pittsburgh NBC affiliate WPXI reported that the city implemented the policy last week and that private security and Pittsburgh Police will be present in Market Square. The policy is said to be in response to an increase in fighting and unruly activity by alleged juveniles over the last few months.
Bickerton Law Blog Lawyer’s Take:
“The ACLU already mentioned that this chaperone policy seems like it violates the First Amendment. What I’d really like to know is how they plan on enforcing this chaperone requirement. Are they planning on just telling the minors there without a chaperone to leave? Do they plan on giving them citations? Asking them to leave is a problem in itself but punishing minors who either don’t have a chaperone or refuse to leave is a bigger issue that takes the possible First Amendment violation to a higher level of problem.
The fact that the city government is saying that the policy is going to be targeted and brief doesn’t fix the underlying problem. Minors have just as much of a right to visit a literal public square as adults do. Requiring chaperones for all minors seems like a group punishment and doesn’t seem to meet the requirement that people be treated as individuals.
The city has a curfew law that restricts when juveniles can be out and about at night, but a policy restricting their access to a public area during the daytime is different and raises different constitutional questions. I understand that the city of Pittsburgh wants to maintain peace and ensure that minors are following the law, but the Constitution is the law and the city possibly violating that is a problem.” —Lea Bickerton
Key Takeaways:
- Chaperones are required for people under 18 to be in Market Square
- The rule is constitutionally questionable
