VIRGINIA BEACH, Va. — Virginia Beach Oceanfront businesses that lost money when the city enforced an all-ages curfew for two nights earlier this month have the option to file a claim for negligence to potentially recover lost revenue.
The 9:30 p.m. curfew was approved by the City Council on April 16 to make the Oceanfront safer after a pair of shootings this spring injured 14 people. The Virginia Beach Police Department enforced the curfew on April 17 and 18.
Last Thursday, a judge halted the enforcement of a planned third night after several businesses sued the city, arguing the curfew violated their freedom of movement and ability to conduct business.
Some businesses shuttered their doors or closed early as visitors steered clear of the resort area. Now, business owners who believe they experienced a financial loss can file a written notice with the city attorney’s office within six months.
The notice must contain a description of what happened and why the claimant contends the city is responsible. The form has always existed and is used for the city’s self-insured portions of workers’ compensation and general liability claims.
As of Monday, the city confirmed no businesses have filed claims citing the curfew.
Tim Ritter, co-founder and executive director of the nonprofit Family Fun Experience Theatre on 16th Street, is considering filing a claim. He noted it is difficult to quantify the exact amount of lost profits.
"I know we lost money hands down over those two weekends, but figuring out what we should have made is a little bit of an art to figuring out," Ritter said.
Ritter believes it is important for the city to understand the overall losses, including the tax revenue that hotels, restaurants, and entertainment venues would have generated.
"If the city knew the scope of how much damage was done just in the monetary side, it would be shocking," Ritter said.
The city's Risk Management Office will evaluate claims. The city’s risk management internal service fund has a proposed budget of $20.4 million in the fiscal year 2026-27 operating budget.
Ali Weatherton-Shook, public information liaison for the city, said several factors are considered during the review process, including sovereign immunity and police power protections that generally shield the city from liability for actions taken to protect public health and safety.
"A claimant would need to prove with reasonable certainty the profits allegedly lost and that such losses are attributable exclusively to the city’s actions," Weatherton-Shook said.
As the city handles potential claims, the police department is preparing for the upcoming holiday weekend.
"Memorial Day weekend marks the start of our busiest season, and we are prepared," the Virginia Beach Police Department said in a statement.
The department stated it is shifting from reactive measures to proactive engagement, utilizing data from recent weekends to ensure a high-visibility presence. Police are also collaborating with traffic engineering to manage 17th Street construction for rapid emergency response.
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