A motion to place a temporary restraining order (TRO) on the City of Cleveland to stop the enforcement of a nightly curfew Downtown and in the West 25 th Street Market District has been withdrawn, on assurances from the city that the curfew would be allowed to expire.
Local attorney Mark Ondrejech, who filed the motion on behalf of Downtown residents, said the parties involved in the lawsuit came to an agreement by phone Thursday morning,
The city agreed not to extend the curfew beyond 6 a.m. Friday, he said.
However, according to a statement from the city's law department, 鈥淚f new information is presented to the City of Cleveland, a new Declaration of Curfew may be ordered by the city within appropriate legal confines.鈥
That would be a new curfew, however, and not an extension, Ondrejech said.
鈥淢eaning there has to be something that is coming up in the future they can point to and say they need to protect the city,鈥 Ondrejech explained.
During a telephone town hall on Thursday evening, Cleveland Mayor Frank Jackson noted protests in the city so far this week have been peaceful.
鈥淎nd as long as they stay that way then there should be no curfew instituted,鈥 Jackson said. 鈥淚f we have to do it, then we will but that鈥檚 not our preference to do that.鈥
The curfew began Saturday evening after a peaceful afternoon demonstration against police brutality ended with violence and extensive damage to Downtown businesses. The protests were in response to the death of George Floyd, a black man who was videotaped crying out for help while a white Minneapolis police officer knelt on his neck for nearly nine minutes.
The curfew, which affected Downtown Cleveland and the Market District of W. 25th Street, led to confusion and disruption for local businesses, residents and employees heading to work.
The lawsuit argued Cleveland鈥檚 curfew infringes on the Constitutional and fundamental rights of residents in the affected area by limiting their ability to freely move around the neighborhood.
鈥淭he Plaintiffs should not be required to abide by a curfew,鈥 the motion reads. 鈥淧roviding papers, proving one鈥檚 identity and being required to have a specific purpose for walking around one鈥檚 neighborhood at an arbitrarily-designated time is not something that a citizen of this country should be required to do except in the most dramatic circumstances.鈥
Despite the resolution to the TRO, Ondrejech is still pursuing a lawsuit against the city and speaking with residents negatively impacted by the curfew.
鈥淲e want their voices to be heard, really,鈥 Ondrejech said. 鈥淎nd we want the city to redress their grievances. It鈥檚 that simple.鈥
In his motion for a temporary restraining order, Ondrejech argued the curfew is not narrow enough and doesn鈥檛 advance a compelling government interest.
鈥淚t is a fact that there has been no widespread civil unrest in the city of Cleveland Central Business District since about daylight on Sunday,鈥 the motion reads. 鈥淔urther, it is a fact that there has been no unrest in what the Proclamation describes as the W. 25th Market District.鈥
According to Jackson, the initial decision to institute a curfew was made to prevent further property damage or attacks on police officers, which he and Police Chief Calvin Williams said would have spread to other parts of the city.
鈥淲e would reinstitute the curfew if we had bona fide intelligence that something is going to happen or if something does happen here in the next 24 hours or so,鈥 Williams said Thursday. 鈥淚 think the mayor is ready to reinstitute that curfew Downtown so that we go back to the same posture that we鈥檝e had the past three or four days. It鈥檚 evident that it鈥檚 worked.鈥