A judge on Tuesday declined to grant a temporary restraining order to block a 9:30 p.m. all-ages curfew scheduled to occur only once more.
The curfew began this weekend in an area of the Oceanfront, following recent violence and concerns about crowds that tend to gather in March and April.
Its final night is Friday.
A filing by Lisa Lawrence, a former city police officer who lives a block from the curfew zone, argued the city exceeded its authority when it enacted an “imminent threat” curfew and that it meant she could not travel freely.
Lawrence testified on Tuesday that she didn’t leave home and go to the beach during the weekend nights.
“I knew there was a curfew,” she said, noting she could face arrest.
But Circuit Court Chief Judge Tanya Felton found the plaintiff lacked standing in the matter.
“Due to her testimony, she is not situated any differently than anyone else in this courtroom,” Felton said.
Following the hearing, Deputy City Attorney Chris Boynton said there were many reasons for the curfew to proceed.
“This was the basis that the court chose and we’re thankful and we’re moving on to Round 2 on Thursday with Mr. Martingayle,” he said.
Attorney Kevin Martingayle is representing several businesses in the curfew zone at the Thursday hearing.
During the hearing Tuesday, Lawrence’s attorney, Tim Anderson, argued the city could not use past incidents to establish the emergency curfew for an “imminent threat” on multiple days.
Following the hearing, Anderson said he would refile a lawsuit against the curfew with a plaintiff who was among three people charged with curfew violations over the weekend.
That matter was filed this afternoon, according to an electronic court record.
