Virginia Beach businesses can seek compensation for curfew losses

VIRGINIA BEACH, Va. (WAVY) – Virginia Beach business owners who lost money during the temporary all-ages curfew at the Oceanfront this month can file a claim through the Risk Management Office, the city confirmed.

The Virginia Beach City Council approved a temporary all-ages curfew following two mass shootings along Atlantic Avenue within a month. No one was killed, but police confirmed there were a total of 14 people injured in the two shooting incidents, some seriously. The temporary curfew was put into effect on Friday, April 17 from 9:30 p.m. until 5 a.m. Saturday, and from 9:30 p.m. Saturday, April 18 until 5 a.m. Sunday, but a judge blocked a final 9:30 p.m. curfew scheduled for Friday, April 24. This is in addition to a 7 p.m. curfew that remains in effect Fridays through Sundays for unaccompanied minors at the Oceanfront.

Businesses seeking compensation must prove that any lost profits during the curfew were directly caused by the city, not other factors. Under Virginia law, speculative damages are not eligible.

The form to apply for a claim is available at this link.

According to the city, this form has always existed. It is not specific to the curfew losses, but can be used for that.

The city will take these factors, and others, into consideration when reviewing a claim:

• Sovereign immunity/police power protections generally shield the City from liability for actions taken to protect public health, safety and welfare.
• Lost profits can result from multiple causes, and 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. Speculative damages are not recoverable under Virginia law.
• Other statutory defenses may apply depending on the specific nature of the claim and the recovery sought.

Bottom line is, businesses can submit a form, but that does not guarantee payment.

Click here for complete details on the City of Virginia Beach current curfew ordinances.