City council is putting an end to the controversial curfew for teenagers and children in the northern Manitoba city of Thompson.

The mayor and councillors, facing a lawsuit over the curfew for those 17 and under, voted this week to repeal the bylaw.

The vote was for a first reading of legislation banning the law. After two more votes, the curfew will officially be over.

"I don't think it would be prudent on the part of the residents of the city of Thompson to engage in a drawn-out legal battle that would cost taxpayers money and not necessarily achieve the result that we really desired in the first place," Mayor Tim Johnston said.

The curfew was adopted by the city of about 13,000 people in July 2005 to combat vandalism. Under the rule, children under the age of 12 must not be out in public after 10 p.m.

Those ages 12 to 15 can stay out until 11 p.m., while 16- and 17-year-olds can't be out after midnight. The curfew is lifted at 7 a.m. every morning.

No one has ever been charged under the bylaw, although police have issued warnings. Violations are punishable by a $500 fine.

In January, lawyers for two mothers and a 17-year-old boy filed a constitutional challenge to the law. The lawyers argue the law violates the Charter of Rights and Freedoms by discriminating against all children and teenagers.

Johnston said council sought legal advice when the statement of claim was filed and were advised it would be costly to fight the complicated lawsuit.

Some city business owners fear the fall of the bylaw will make them vulnerable to vandals, especially as the warm summer months approach and teens and children are more likely to be outdoors.

Chris Tsitsos of Hub Restaurant said he already sees children in the streets late at night, even with the curfew bylaw in effect.

"I see kids … at 1, 2, 3 in the morning walking in the downtown area, running all over," he said. "And the cops, they're just driving by."