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Tim Anderson files lawsuit attempting to halt all-age VB Oceanfront curfew

Top Stories: Friday, April 17
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VIRGINIA BEACH, Va. — Tim Anderson, a Virginia Beach lawyer, filed a lawsuit attempting to halt a strict Oceanfront curfew recently passed by city leaders, according to a social media post made on Friday.

On Thursday, the Virginia Beach City Council voted 10-1 to impose a 9:30 p.m. curfew in the area for Friday and Saturday, then the following Friday in April following another violent weekend that left eight people hurt from a shooting.

Watch previous coverage: Virginia Beach Police Chief Paul Neudigate argues in favor of all-age Oceanfront curfew following weekend shooting

VB Curfew for everyone

The curfew will apply to everyone — not just minors, like the imminent threat curfew instituted last month that followed another Saturday night shooting. It will last from 9:30 p.m. to 5 a.m.

Anderson said his lawsuit challenges the newly-passed curfew, citing Virginia's status as a "Dillon Rule" state. This rule limits the actions of local governments, requiring these bodies to seek approval from the General Assembly when taking certain actions.

"Virginia Beach’s attempt to impose curfews across multiple weekends in a single ordinance is not what the General Assembly intended—it’s an improper expansion of emergency power, and we’ve asked the court to stop it," Anderson said in a post on social media.

Watch previous coverage: Oceanfront businesses concerned as VB city leaders weigh all-age curfew

Oceanfront businesses concerned as VB city leaders weigh 9 p.m. curfew

Anderson pointed to SB1455, which was passed when he served in the House of Delegates, as a reason why this new curfew is unlawful.

For reference, SB 1455 states that a "locality may empower the chief law-enforcement officer to regulate, restrict, or prohibit any assembly of persons or the movement of persons or vehicles if there exists an imminent threat of any civil commotion or disturbance in the nature of a riot which constitutes a clear and present danger."

In his social media post, Anderson argued that SB1455 only allows for a 24-hour emergency curfew for imminent threats. He added that any extension of this curfew would require a new vote.

Watch previous coverage: Virginia Beach city leaders examine what can be done after Oceanfront shooting

Virginia Beach city leaders examine what can be done after Oceanfront shooting

A spokesperson for the City of Virginia Beach sent the following statement to News 3 in reaction to the newly-filed lawsuit:

“The City of Virginia Beach is aware of the lawsuit filed regarding the recently adopted curfew ordinance, and we intend to defend it. Our focus remains on ensuring public safety at the Oceanfront.”

Virginia Beach Mayor Bobby Dyer previously said some "tough love" would need to be adopted to curb crime at the Oceanfront. He made this comment during a press conference held on Monday to address the shooting at the Oceanfront on April 11.

“The time is now for us to act, and we must act together. We must build the bridges that we need with the various entities that will put this together. It’s a national problem, it’s a local problem,” Mayor Bobby Dyer said during the press conference held Monday.