Virginia Beach Judge Blocks All-Ages Ordinance, Marks Major Win for Local Business Owners

Virginia Beach businesses scored a significant legal victory Thursday when a circuit court judge halted enforcement of the city’s controversial all-ages curfew on the Oceanfront, ruling the measure lacked sufficient evidence of an imminent threat and exceeded the city’s authority under state law.

Chief Judge Tanya Felton granted a temporary restraining order after nearly seven hours of arguments and testimony, siding with plaintiffs who argued the curfew unjustifiably restricted a wide area of the Oceanfront and violated constitutional rights. The judge agreed the curfew ordinance, as written, was too vague and surpassed the authority given by state law to local officials to restrict freedoms for public safety.

The temporary all-ages 9:30 p.m. Curfew had been in effect over the weekend but will not be enforced on Friday, which would have been its final night. Deputy City Attorney Chris Boynton confirmed the city will not enforce the curfew tomorrow, stating the court ruled the measure was not supported by sufficient evidence of an imminent threat on the nights of the curfew.

Boynton said the city disagrees with the ruling but will abide by it while considering next steps. He added that prosecutions will not go forward against three people charged with curfew violations this past weekend.

The curfew was enacted by City Council last week following recent shootings that left multiple people wounded and heightened public safety concerns about crowds. Businesses within the zone filed their legal 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.

Attorney Kevin Martingayle, who represents the plaintiffs, said after the hearing that the curfew is not the right fix for the problems the city is experiencing at the Oceanfront. Brandon Ramsey, owner of Peabody’s on 21st Street, told the court he decided to close his popular nightlife spot on April 17 and 18 because he expected no one would show up due to fears of arrest, despite having ticketed events planned for both nights.

Ramsey said a majority of customers messaged ahead saying they would no longer attend, citing safety concerns from the city’s message. He only learned later that the city had exempted attendees of ticketed events but said he did not understand what that meant — whether people needed a ticket in hand to avoid arrest or could purchase one upon entry.

Other exemptions in the ordinance included military and medical personnel and people traveling to and from a temporary residence, such as a hotel or place of work. Police were seen on Atlantic Avenue during the curfew’s initial enforcement over the weekend.