Against a backdrop of widespread panic about children's safety and the unruliness of teenagers, efforts to remove young people from public space are becoming increasingly pervasive. Public space is being constructed as adult space through legal mechanisms such as curfews, which seek to curtail young people's spatial freedoms and contain them within their homes. Ostensibly motivated by a desire to reduce youth crime and victimisation, curfews reflect a contemporary preoccupation with achieving social control through the control of space. This is certainly the case in the US – the Western nation where juvenile curfews are most prevalent, despite rhetoric about the `fundamental' nature of individual freedoms. In this paper, critical discussion of the American situation provides a backdrop for considering curfews recently imposed in Paeroa and Te Kuiti, two New Zealand towns. It is contended that these curfews were as much about enforcing a particular notion of `parental responsibility' as controlling young people themselves. We conclude that a discourse of rights provides a particularly strong foundation for arguing against curfews.
A growing literature examines the extent to which the criminal justice system perpetuates poverty and inequality. This research examines how anti-homeless laws produce various forms of police interactions that fall short of arrest, yet have wide-ranging impacts on the urban poor. Our analysis draws on a citywide survey of currently and recently homeless people, along with 43 in-depth interviews, to examine and reveal the mechanisms through which consistent punitive interactions, including move-along orders, citations, and destruction of property, systematically limit homeless people’s access to services, housing, and jobs, while damaging their health, safety, and well-being. Our findings also suggest that anti-homeless laws and enforcement fail to reduce urban disorder, but create instead a spatial churn in which homeless people circulate between neighborhoods and police jurisdictions rather than leaving public space. We argue that these laws and their enforcement, which affected the majority of study participants, constitute a larger process of pervasive penality—consistent punitive interactions with state officials that rarely result in arrest, but that do material and psychological harm. This process not only reproduces homelessness, but also deepens racial, gender, and health inequalities among the urban poor.
Recent scholarship contends that the rise of shopping malls, gated communities, and gentrification as well as citizens' withdrawal to the private realm have eroded public life in U.S. and Latin American cities. Malls' suburban location and security policies exclude the poor and restrict free speech; residents and fences in gated communities exclude outsiders; and police and businesses in downtowns and high-rent districts limit poor people's access to public areas. I expand this discussion with an analysis of the accessibility of Santiago, Chile's retail areas, the social relationships present there, and marginalized groups' informal resistance to their exclusion. The city's distinct segregation pattern, transit system, and state-licensed street markets permit greater contact between rich and poor and foster vital public spaces. I adapt Lofland's typology of fleeting, quasi-primary, and intimate secondary relations in public to examine social interactions in street markets, flea markets, and shopping malls. The distinct mix of relationships within these markets reflects the characteristics of users, varying degrees of accessibility to diverse populations, and state policies toward markets. Marginalized groups' informal resistance is pervasive in each setting. In contrast to the dominant view that public space is declining in contemporary cities, Santiago residents are not universally reclusive, antisocial, or reluctant to engage in cross-class public encounters, and the city retains vital public areas. The findings demonstrate that our understanding of public space is incomplete without an awareness of social relationships and informal resistance alongside structural constraints to the accessibility of urban locales.
