Virginia Beach faces another legal challenge to its temporary curfew for all ages that starts at 9:30 p.m. in part of the Oceanfront.
It was in effect Friday and Saturday – the last day is Friday.
Still, Oceanfront businesses on Monday sued to stop the curfew from continuing and they want a hearing this week. They say the curfew exceeds what state law allows and infringes upon their rights.
Last week, an Oceanfront resident also sought to stop the curfew. A hearing in that matter is scheduled for Tuesday.
The Monday filing says the ordinance used for the curfew unjustifiably closes streets in the restricted zone and creates a curfew that fails to fully explain its scope. It seeks a temporary restraining order. The area is between Pacific Avenue and the Atlantic Ocean from Rudee Loop to 31st Street.
The filing argues the city is imprecise in the location of events that led to the ordinance and leaves out needed details. The ordinance doesn’t justify the size of the curfew area, it argues, and law enforcement “already have myriad state laws and local ordinances at their disposal for the purposes of controlling the conduct and behavior of crowds.”
During a phone interview, Kevin Martingayle, who is representing the businesses, called the ordinance a “complete misuse of something that is only supposed to be used in emergency circumstances based on actual real information about real situations, not speculating about what might happen.”
Plaintiffs include Bill Dillon, the owner of Abbey Road Pub & Restaurant.
“It hurts everything about what we’re trying to do to get people out here,” he said in a phone interview.
Other plaintiffs include Peabody’s, a restaurant and entertainment venue, and entities that own Sweet Frog frozen yogurt locations within the area.
The city released a statement saying it intends to defend the curfew ordinance.
“Our focus remains on ensuring public safety at the Oceanfront,” the statement said.
Over the weekend, nighttime in the curfew zone was largely quiet and tightly controlled by police, who announced the curfew start time over loudspeakers and interacted with people, letting them know the curfew was in effect.
Some businesses closed early. Visitors said they were cutting their plans short for the night.
Police reported arresting three adults related to curfew violations, one on Friday and two Saturday. The department said there were no shootings or significant violent incidents recorded during either night.
WHRO has requested additional information about the arrests.
Friday night, Police Chief Paul Neudigate said he understood some businesses had closed early and that this was hard for them. He said the city is trying to keep the area safe.
“Hopefully, maybe what this will be is the reset that we need, and starting next Saturday night, we can drop the tone, drop the temperature,” Neudigate said.
City Council approved the all-ages curfew during a special meeting Thursday in a 10-1 vote following a shooting the previous weekend in the area that left eight people wounded.
In March, council adopted a temporary curfew starting at 7 p.m. on weekend nights for unaccompanied minors, which remains in effect through the end of April.
It covers the same area as the curfew for everybody.
