Philadelphia police reported looting incidents that led to street closings in Center City on the night of Sept. 26, 2023.
Philadelphia City Council was back in session for the first time on Thursday after taking a summer break.
And while there was a lot of business to attend to, with a couple dozen resolutions made and nearly as many new bills introduced, suggesting Council members were still hard at work during the summer months, the item that garnered the most conversation and discussion was something that was passed just before Council bolted for the door to start summer vacation.
A controversial business curfew ordinance that requires many storefronts, takeout spots, and food trucks to close nightly from 11 p.m. to 6 a.m. in several Philadelphia neighborhoods will be enforced beginning mid-November.
The measure, passed unanimously by City Council in June and allowed to become law by Mayor Cherelle Parker, expands existing curfew restrictions beyond Kensington to include large parts of Districts 7 and 8 and some sections of District 1, encompassing neighborhoods such as Fairhill, Germantown, Hunting Park, Frankford, and Mount Airy.
The law carries fines of up to $1,000 per violation per day for businesses without liquor licenses, drive-thrus, or gas-station permits that stay open past the curfew.
Supporters, including Councilmember Quetcy Lozada, have argued the ordinance is aimed at combating violent crime and restoring quality of life, especially in neighborhoods long impacted by illegal activity and public safety challenges. Lozada claimed that Kensington saw an 80% drop in homicides after the original curfew was enforced.
Opponents - including food truck operators, local pharmacies, and community development organizations - counter that the curfew will severely impact small businesses, essential service providers, and night workers who depend on late hours.
A group of 10 organizations, which includes the Greater Philadelphia Chamber of Commerce, signed a letter Monday calling on council to recall the law.
"Philadelphia does not have a closing time," the letter read. "13% of jobs in Philadelphia are part of the nighttime economy, and over $26 billion is generated in economic output through nighttime industries, 14% of which comes from the food, beverage, and hospitality industries. Over a quarter of nighttime activity happens after midnight. Our members, employees, and customers rely on these nighttime industries for their livelihood."
They argued the legislation disproportionately burdens communities already facing economic hardship and lacks sufficient input from those most affected.
The ordinance could face challenges in court. The Institute for Justice, a nonprofit law firm that specializes in economic liberty cases, has already signaled its intent to represent affected business owners who believe the law unfairly restricts their right to operate and violates constitutional protections of due process and equal protection.
Similar curfews have been tested in other U.S. cities. For instance, Baltimore and Detroit have imposed temporary curfews on certain businesses during crime spikes, though enforcement often faced criticism for targeting minority-owned establishments.
In Los Angeles, zoning restrictions and curfews on liquor stores and food vendors in high-crime corridors were challenged as discriminatory but ultimately upheld if the city could show a legitimate public safety interest.
Legal experts note that Philadelphia’s law could hinge on whether the city can demonstrate a clear, measurable link between late-night business closures and reductions in violent crime. If that connection is weak - or if enforcement appears discriminatory - the ordinance could be vulnerable to repeal or judicial intervention.
The ordinance will be enforced after a 60-day “education” period, and proponents say that while the law expands curfew zones by more than 500%, exemptions and careful enforcement will factor in.
