Judge: Key West’s New Year’s curfew stands

With the clock ticking down to the end of 2020, a Miami federal judge Tuesday decided the city of Key West’s three-night curfew set to start New Year’s Eve holds up under the Constitution.

U.S. District Judge James Lawrence King Tuesday evening denied an application for a temporary restraining order to stop the curfew filed by Andrew

Day, of Key West.

“The city of Key West has a substantial government interest in preserving and protecting the public health of its citizens,” King wrote in his decision.

“The city has not prohibited public gatherings indefinitely. Instead, it has prohibited public gatherings during the brief time frame within which tourists and partygoers typically gather in the street to celebrate the New Year.”

The decision came hours after a two-hour hearing held Tuesday morning on Zoom.

After the ruling came out Tuesday evening, Day’s attorney William Athas said he won’t appeal the ruling.

“There’s just not enough time to appeal it,” he said.

Mayor Teri Johnston on Dec. 4 issued the emergency order requiring all nonessential businesses to close from 10 p.m. to 6 a.m., starting New Year’s Eve, and for people to be home by 10:30 p.m., with some exceptions.

People may travel to and from religious services and use essential businesses, which include airlines, gas stations and grocery stores.

The curfew continues for two more nights and ends at 6 a.m. Jan. 3.

“It restricts public speech and assembly for a total of twenty-four hours (comprised of three eight-hour periods) during one of the busiest annual events that the city experiences,” King wrote.

Day, who lives in Key West with his wife and two children, sued the city Dec. 21, saying the restrictions violate his constitutional rights to free speech, travel and peaceful assembly.

As for free speech, King said Day “may still voice his displeasure on any social media platform and reach what is potentially a larger audience for his desired speech” and can use technology to virtually assemble “during this very brief period of time.”