The temporary all-ages 9:30 p.m. curfew for part of the Virginia Beach Oceanfront will not be enforced Friday, which would have been its final night after being in effect this past weekend.
Circuit Court Chief Judge Tanya Felton granted a temporary restraining order Thursday to plaintiffs who said the curfew hurts their rights and businesses within the zone.
“The city will not be enforcing an all-ages curfew tomorrow,” Deputy City Attorney Chris Boynton said after the hearing. “The court ruled, among other things, that the curfew ordinance adopted by the city was not supported by sufficient evidence of an imminent threat on the nights of the curfew.”
He said the city disagreed with the ruling but will abide by it while considering next steps. Additionally, Boynton told WHRO it was his understanding that prosecutions would not go forward against three people charged with curfew violations this past weekend.
City Council enacted the controversial all-ages ban last week following recent shootings that left multiple people wounded and public safety concerns about crowds.
Businesses within the zone filed their challenge this week, claiming the curfew unjustifiably restricts a wide area of the Oceanfront and speculatively oversteps what is allowed by state law meant to help localities respond to emergencies.
“This is not the right fix for the problems that they’re having at the Oceanfront,” said Kevin Martingayle, who represents the plaintiffs, after the hearing. “You can’t have a 2-mile long, 2-block wide zone where there’s no free speech rights, you can’t walk around, you can’t engage in freedom of assembly.”
Thursday’s decision applies only to the all-ages curfew. The 7 p.m. emergency curfew for unaccompanied minors on Friday and Saturday nights remains in effect, according to the city.
Questioning during the hearing involved how the city decided to create an “imminent threat” all-ages curfew without evidence or intelligence of something specific. Justification presented by law enforcement to the City Council involved issues in March and April.
Plaintiffs involved in Thursday’s hearing were within the curfew area between Pacific Avenue and the Atlantic Ocean from Rudee Loop to 31st Street. They are Abbey Road Pub & Restaurant, Peabody’s, a restaurant and entertainment venue, and Sweet Frog frozen yogurt shops.
During testimony Thursday, Brandon Ramsey, owner of Peabody’s, said he closed his business last weekend. He said the curfew hurt tourism and what businesses and employees at the Oceanfront have worked for.
Tuesday, Felton had found the plaintiff in another case lacked standing to challenge the curfew. Lisa Lawrence, a former city police officer, lived outside the curfew area and testified she didn’t leave home or go to the beach because of the restrictions.
Attorney Tim Anderson represented Lawrence and filed a case with another plaintiff, Stephanie Vann, who was arrested for a curfew violation while smoking a cigarette outside her apartment building within the curfew zone.
Her challenge was scheduled to be heard Thursday after a hearing with the businesses. However, following the decision in the case involving the businesses, it didn’t move forward.
Anderson and Vann told WHRO the curfew charge is expected to be dropped Friday.
