Court Strikes Down Virginia Beach’s Illegal Curfew

Aerial view of a city street at night, featuring illuminated buildings and cars. The image shows a bustling urban area with a mix of commercial establishments and residential buildings.

by Kerry Dougherty

News flash: Apparently saying “It’s that time of the year again” is not enough for a Virginia city to close down businesses and order people off the street.

Who knew?

Certainly not feckless city officials in Virginia Beach, who were unceremoniously smacked down by a circuit court judge yesterday.

The mayor of Virginia Beach says he is disappointed. So sad. Next time follow the law.


The court ruling came in time to salvage the last weekend in April for local businesses and visitors.

The mayor and most members of the city council wanted to close the resort area for a second weekend in a row, a sign that they are not good at their jobs.

Thanks to a lawsuit filed by several resort area businesses and argued in court by attorney Kevin Martingayle, the former no-go zone from Rudee Loop to 31st Street will be open Friday and Saturday night by court order.

It should never have been closed.

In a seven-hour court hearing, the city was unable to show evidence of ANY actual threat of civil disturbance that presented a clear and present danger to the public. The city argued that historically warm weekends in the spring are when fights break out that can lead to gunfire. Continue reading.


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