VIRGINIA BEACH, Va. — Two people arrested for violating the 9:30 p.m. Oceanfront curfew earlier this month have filed lawsuits against the city of Virginia Beach for $5 million each.
On April 16, the Virginia Beach city council voted 10-1 to impose an all-age curfew following the April 11 shooting at the Oceanfront that left eight injured. The curfew encompassed a large area in the popular tourist spot — from Rudee Loop to 31st Street, but left exceptions for diners, hotel guests, and event attendees.
Attorney Tim Anderson, who has offered pro bono services to anyone arrested during the curfew, filed the suit on behalf of two clients: Stephanie Vann and Michael Barker.
Watch previous coverage: Judge strikes case challenging VB curfew, Tim Anderson says he plans to refile
Vann and Barker were each arrested for curfew violations on April 18 — hours after the temporary curfew went into effect.
Vann says she was smoking outside of her apartment complex when she was arrested. She said the complex doesn't allow smoking, so she had to leave the property to smoke.
Vann was arrested without a "meaningful opportunity to comply," while other people in the same location doing the same thing were not arrested, according to the docs. She was charged with a Class 1 misdemeanor.
Michael Barker, a self-described independent journalist, told News 3 in a previous interview he was on the Oceanfront past the curfew to document the curfew's impact on local businesses.
Watch previous coverage: VB Oceanfront curfew still set for Friday as city leaders look for long-term solutions
A number of officers approached him when he stopped to speak to a man playing music outside a hotel, Barker told News 3.
In a video shared on social media, an officer asked if he had press credentials (journalists were excepted from the curfew). Barker cited the First Amendment and officers continued to ask for ID. Refusing to produce ID, he was detained and cited.
On April 23, the Virginia Beach Circuit Court paused the curfew before its final night after a judge granted a restraining order. The next day, the city dismissed all criminal charges against Vann and Barker, according to court documents.
Watch previous coverage: VB's all-age Oceanfront curfew halted after judge grants restraining order
The lawsuit alleges that Vann and Barker were unlawfully arrested, treated differently than other people who were also violating curfew in the same place, and suffered damages due to their arrests.
The plaintiffs are suing for loss of liberty, emotional distress, humiliation, legal expenses and damages — each seeking $5 million — and are demanding trial by jury, according to court docs.
In a statement sent to News 3, the city of Virginia Beach said, "The City is aware of the filing of a new suit for money damages by two individuals who were arrested for violating the all-ages curfew, but we have not yet had an opportunity to fully review the claims asserted in it. The City stands strongly behind its police department, and the men and women who enforce the law, and we look forward to the opportunity to vigorously defend the lawsuit."
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