Nightcrawlers nabbed

>> Fines and jail await Montrealers who go out at night

by KRISTIAN GRAVENOR

Mario was enjoying one of the all-too-rare moments of outdoor springtime fun during his demanding work schedule. After having a couple of brews at Laïka on the Main, the 28 year old, along with two fellow architects, found themselves enjoying an evening breeze on May 11, at 1:30 a.m. at the western end of Carré St-Louis. But suddenly two police officers in their early 20s instructed them "in not a very polite way," says Mario, to leave the park. The trio complied by walking north but changed their minds and doubled back toward the other exit.

The cops apparently considered this change of direction as a challenge and immediately stopped them. "I thought they were going to check if we were selling drugs or something. I gave my papers without thinking," says Mario, who did not want his full name published. Each of the three were slapped with a $136 fine for violating the curfew bylaw which bans people from parks between midnight and 6 a.m. "I questioned the officer and he said 'Shut up or I'll give you another one,'" says Mario. "It's ridiculous. The three of us work 70 hours a week and the night is often the only time we can get out to a park."

Last Friday police repeated the zero-tolerance program in the same park by arresting 60 after many refused to leave the late-night refuge. Bill Roberts had just escaped the sweltering heat of his Plateau apartment for an enjoyable hour at tranquil Lafontaine Park. On his return he witnessed the police operation on St-Denis. "They didn't care who you were, if you didn't get out of the way you'd get hit with the baton," he says. "They didn't just sweep the park, they swept it and held everybody there." Even residents were blocked from accessing their homes. "Residents couldn't get into their homes and it went on so long, the police seemed to be trying to provoke something to make it look important. It seemed way out of line with what should have been."

MUC police representatives offer no specific explanation for the sudden and selective enforcement of the little-known city curfew bylaw. "It's part of one of the duties that officers in their patrol accomplish," says police rep André Durocher.

But the rights of citizens to enjoy their city's nocturnal charms is a growing international issue, according to McGill academic Anthony Kinik who co-organized the Night and the City conference last March. "In this day and age, there's economic activity going on at all times of the day. The city is interested in maintaining that because it's good for business. But nighttime activity is still viewed with suspicion, especially when it involves youth," says Kinik. "In the summertime cities like Montreal can be hot as hell and people need to get out of their houses. They literally can't sleep. People go to parks because they're cool, among other reasons. Cities are there to be taken advantage of--supposedly anyway," he says.

"There's a long history of the institution and maintenance of curfews, especially when it comes with youth activity. There's been a rise in that practice in North America in the last 10-20 years," says Kinik. "I'd say it's a step in the wrong direction."