A newly approved nighttime curfew for people of all ages in the city of Virginia Beach, aimed at curbing violence and large gatherings, is now under legal challenge.
The curfew came after two shootings injured multiple people, but a resident in the city has filed an emergency lawsuit against the city seeking to block the curfew in the Oceanfront area.
The lawsuit argues that city officials exceeded their authority under state law by implementing the restrictive measures, ABC affiliate 13 News Now reported.
It was filed in the Virginia Beach Circuit Court by attorney Tim Anderson on behalf of resident Lisa Lawrence, naming the city, City Manager Patrick Duhaney, and Police Chief Paul Neudigate as defendants.
The filing requests a temporary restraining order to prevent the enforcement of the ordinance, which was adopted by the City Council on Thursday night.
The council voted 10-1 to implement a 9:30 p.m. curfew for all ages starting Friday, April 17. The measure is also scheduled for Saturday, April 18, and Friday, April 24, covering the area between Pacific Avenue and the Boardwalk from Rudee Loop to 31st Street.
“This is not something we want to do,” Virginia Beach Mayor Bobby Dyer told the outlet. “But right now, this is something that we kind of have to do.”
City officials said the curfew was a necessary response to recent violence and large gatherings, including the shootings that occurred on March 7 and April 11.
“The temporary curfew is intended to support public safety efforts during high-activity weekends while allowing law enforcement to manage large crowds and address recent disturbances in the Oceanfront area,” the City of Virginia Beach said in a statement following the vote.
The lawsuit contends that the city improperly invoked emergency powers. Under Virginia law, the complaint argues, curfews may only be established in response to an “imminent threat” of civil disturbance, rather than as a reaction to past events or in anticipation of future gatherings.
Lawrence also challenged the legality of scheduling multiple curfew dates in advance, asserting that the statute requires an immediate, singular emergency. As a resident of the Oceanfront area, Lawrence stated the ordinance restricts her freedom of movement and subjects her to potential criminal penalties.
“The City of Virginia Beach is aware of the lawsuit filed regarding the recently adopted curfew ordinance, and we intend to defend it,” a city spokesperson told the outlet. “Our focus remains on ensuring public safety at the Oceanfront.”
The 9:30 p.m. curfew for all ages is an addition to the city’s existing 7 p.m. curfew for unaccompanied minors, which remains in effect.
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