CLEVELAND (WJW) — A local attorney has filed a lawsuit to challenge Mayor Frank Jackson’s extended curfew for the city of Cleveland.
Cleveland attorney Mark Ondrejech filed the lawsuit Wednesday, arguing that the curfew implemented in response to the riots following the police violence protest in downtown Saturday violates citizens’ rights.
Ondrejech also asks the court to issue a temporary restraining order against the City of Cleveland, Frank G. Jackson, Michael McGrath, Calvin D. Williams, Mike DeWine, Richard S. Fambro, Armond Budish and David G. Schilling Jr. in order to prevent them from implementing any further curfews in the city.
“This Court should restrain enforcement of the curfew because it unconstitutionally infringes upon the Plaintiffs’ substantive fundamental rights,” the complaint reads.
It continues to argue that Mayor Frank Jackson didn’t have the legal authority to institute the curfew. It reads in part:
“The vindication of citizens’ Constitutional rights is always in the public interest. The Plaintiffs should not be required to abide by a curfew. Providing papers, proving one’s identity and being required to have a specific purpose for walking around one’s 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. The creation of a police state such as this is antithetical to American values. This imposition of martial law by the Mayor must be stopped immediately.”
***Click here to read the full complaint***
Mayor Jackson issued the curfew on Saturday as part of his proclamation of civil emergency following Saturday’s unrest. All persons are prohibited from walking, running, loitering, standing or driving within the curfew area with the following exceptions:
— Those traveling to and from their homes
— Those traveling for medical care and/or safety
— Those traveling to and from their place of employment for regular business hours
All businesses and places of employment located in the curfew were also urged to close their business during the curfew period.
Ondrejech continues to state that there has not been any additional violent activity since Saturday, yet the curfew continues to be extended.
“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,” the complaint reads.
The curfew was then extended through June 5. However, on Wednesday city officials lifted the curfew for business activity between the hours of 6 a.m. and 8 p.m. The curfew resumes for the hours of 8 p.m. to 6 a.m.
The city of Cleveland has released the following statement on the order:
“This evening, a Complaint and Motion for a Temporary Restraining Order was filed in Federal Court asking the Court to immediately restrain the City and others from implementing and enforcing any further curfews in the City of Cleveland. The City will respond to this action in Court. We have no further comment at this time.”