VIRGINIA BEACH, Va. — The all-age curfew at the Oceanfront has been halted after a judge granted a restraining order against the measure on Thursday, according to News 3 reporter John Hood.
This development came after five Oceanfront businesses joined together to file a temporary restraining order to block the enforcement of the curfew. This move halts the last night of the temporary 9:30 p.m. curfew at the Oceanfront, which would have been on Friday.
The 7 p.m. to 5 a.m. curfew for unaccompanied minors on Fridays and Saturdays in designated areas of the Oceanfront will remain in effect.
During Thursday’s hearing, the plaintiff’s attorney, Kevin Martingayle, argued the ordinance was too vague and that there was no evidence an imminent threat would occur on the proposed weekends.
The plaintiffs included the owner of Peabody’s, the owner of Abby Road and the owner of several Sweet Frog locations on Atlantic Avenue — all of whom said their businesses were negatively impacted by last weekend’s curfew.
“What I’m hoping is that we brought some focus in the many hours we’ve been in court today and they realize this is a bad idea. This is not the fix for the problems they are having at the Oceanfront,” Martingayle said.
The judge stated the fact the city only did the curfew on Friday during week 17 calls into question present danger.
It was also clarified in court on Thursday that the barriers put up on Atlantic Avenue were part of a new traffic pattern being tested for large-scale events and were not part of the curfew.
Watch previous coverage: Virginia Beach leaders vote 10-1 to approve temporary 9:30 p.m. all-age Oceanfront curfew
VB Curfew for everyone
A city spokesperson provided this statement on the ordinance being stopped:
“The City of Virginia Beach implemented an all-ages curfew for 9:30 p.m. under state law that authorizes curfews for imminent threats. Protecting public safety, which remains our top priority, and this decision will not deter us from doing what we can to promote a safe and welcoming environment at the Oceanfront. The City will review the decision and determine next steps.”
On April 16, Virginia Beach city leaders voted 10-1 to impose this all-age curfew following the April 11 shooting at the Oceanfront that left eight injured. The curfew included areas from Rudee Loop to 31st Street, with exceptions for diners, hotel guests or attendees of other designated events in the area.
Another legal proceeding against the curfew — separate from the one that prompted the temporary restraining order being granted — was led by Virginia Beach lawyer Tim Anderson. Last week, he filed a protective order against the measure, naming Lisa Lawrence as the plaintiff. On April 21, a judge struck this case, arguing that Lawrence didn’t have a harm that could be articulated differently from the public since she technically didn’t live in the curfew zone.
Anderson refiled his case against the curfew, naming Stephanie Vann as the new plaintiff. Anderson said Vann lives inside the impacted area and was one of three people arrested for violating the curfew over the weekend.
He told News 3 that following Thursday’s decision, he decided not to move forward with the case because the city agreed to dismiss Vann’s criminal charge.
