Bodega and takeout shop owners in Philadelphia are calling on City Council to walk back the expansion of a curfew zone that will prevent them from doing business overnight starting next month.
The 11 p.m. to 6 a.m. curfew, first imposed last year in a concentrated area of Kensington, aims to reduce crime and address quality of life concerns in neighborhoods with high rates of violence, drug activity and littering. City Council approved a bill in June that expands the curfew into all of the 7th and 8th districts and part of the 1st District.
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The ordinance does not include businesses with liquor licenses, which will be able to continue operating until 2 a.m., and doesn't apply to gas stations and storefronts that have drive-thru windows. But owners of small corner stores and food trucks say they will be crushed by losing overnight sales when the ordinance takes effect on Sept. 11.
The Institute for Justice, a Virginia-based public interest law firm working on behalf of business owners in Philadelphia, urged City Council this week to recall the ordinance and consider tailoring it to be less restrictive.
“Crime is a serious issue and the city must act to address it, but this ordinance as it is currently constructed would do little to combat crime while having a serious negative impact on Philly’s small businesses,” said Jennifer McDonald, a small business advocated at the Institute for Justice. “We’re calling on city officials to recall this ordinance, get feedback from communities that will be impacted, and come up with a new proposal that won’t harm honest businesspeople.”
The law firm created an interactive showing how the new ordinance will vastly expand the curfew zone. The 7th and 8th districts extend from Mount Airy in the Northwest to Frankford in the Northeast, including the Germantown, Feltonville, Kensington and Hunting Park neighborhoods, among others. In the 1st District, the expanded zone will cover the east side of Kensington Avenue between Hagert and Monmouth streets.
Councilmember Quetcy Lozada (D-7th), who sponsored each of the overnight curfew bills, said they have been effective at reducing illegal activity in the neighborhoods where they have been in effect.
"What is working in Kensington needs to be used in other places where quality of life and nuisance activity at night is an issue," Lozada said when the expanded curfew bill was introduced in April.
Lozada could not immediately be reached for comment on Friday.
The law includes a sunset clause with an expiration date for the curfew at the end of 2026. At that time, the city will review whether adjustments are needed. While in effect, violators will face $1,000 fines — up from $500 currently — for operating during curfew hours.
Chef José Luis, owner of the Alta Cocina food truck in Juniata and Alta Cocina restaurant in West Kensington, told the Institute for Justice his businesses are at risk of failing if the expanded curfew takes effect.
"That time of night is when we make a little money,” Luis said. “My worry is so great that I can hardly sleep at night.”
Mitesh Patel, who owns the Medicine Shoppe Pharmacy in Kensington, also said his business and customers will be harmed by the ordinance.
“The curfew is just too gray,” Patel said. “Some aspects of my business, such as providing medicine for area hospices, operate after 11 p.m. So I’m worried about how this would impact them.”
McDonald said Friday that the Institute for Justice has not been able to make direct contact with Lozada to discuss the curfew. The law firm has been working with community partners to help apply pressure on Lozada and other council members.
"Now that we have publicly launched a coalition of business owners and community members against the legislation, we hope that we will be able to meet with her sometime in the next couple of weeks and that community opposition to the curfew will help persuade her and her colleagues to reassess," McDonald said.
If the curfew does take effect, McDonald said the Institute for Justice will consider litigation to protect impacted business owners.