Lawsuit Seeks To End Cleveland Curfew

CLEVELAND — A newly filed lawsuit seeks to end curfews in Cleveland. The city has been under curfew since protests turned to violent unrest over the weekend.

"I think the curfew is unconstitutional and the court should stop its further enforcement. It's an overreach. It's not nearly tailored to achieve any legitimate governmental interest and is an infringement on the fundamental rights of Clevelanders," attorney Mark Ondrejech told Patch.

Mayor Frank Jackson extended the city's curfew through this week and has said he could extend it further if there is a threat of further unrest. The lawsuit claims Jackson is infringing on the constitutional rights of Ohioans.

Cleveland's curfew closes downtown and parts of the Ohio City neighborhood to non-residents starting at 8 p.m. and continuing until 6 a.m. Residents must be prepared to show identification to gain access to their street.

"It is a fact that there has been no widespread civil unrest in the city of Cleveland Central Business District since about daylight on Sunday. Further, it is a fact that there has been no unrest in what the Proclamation describes as the W.25th Market District. The curfew does not advance a compelling government interest," the lawsuit said.

The lawsuit further argues the curfew infringes on Ohioans' rights because residents are prevented from, "walking, driving, running or otherwise freely traveling around the city’s curfew districts without being subject to being stopped by police or National Guard troops."

Cleveland officials told Fox 8 they would respond to the lawsuit in court and had no further comment.