Asian and Arab businesses sue Philadelphia over "discriminatory" curfew
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Asian and Arab business groups in Philadelphia are suing the city over a late-night curfew and enforcement practices they say could shutter so-called stop-and-go stores.
Why it matters: The lawsuit could restrict the Parker administration's ability to enforce a curfew meant to crack down on "nuisance" businesses in parts of Kensington, which has one of the nation's biggest open-air drug markets.
The big picture: State and local lawmakers have struggled for decades to find fair and effective ways to regulate convenience and takeout stores selling beer and malt beverages.
- Some residents have complained that these stop-and-go shops — considered an exclusively Philly problem since most stores are here — are hotspots for crime, loitering and prostitution.
Driving the news: The Asian-American Licensed Beverage Association (AALBA) and the Arab American Business and Professional Association of the Delaware Valley (AAB) filed a federal lawsuit last week, alleging that state and local laws are being selectively and discriminatorily enforced against some of its members who run alcohol takeout shops.
- The efforts threaten to strip businesses of their liquor licenses, which could lead to closures, per the suit.
- The groups' attorneys claim businesses in more affluent, primarily white neighborhoods aren't subjected to the same treatment, per the lawsuit.
The other side: The city, Pennsylvania State Police and Pennsylvania Liquor Control Board (PLCB), which oversees alcohol licenses, declined Axios' requests for comment on the lawsuit.
By the numbers: The AALBA and AAB represent more than 100 businesses with liquor licenses in Philadelphia.
- Several AAB members do not sell alcohol but still have been affected by the curfew, per the suit.
What they're saying: The groups' attorneys write that the city's laws are meant to deter "actual lawbreakers" but they're punishing "law-abiding business owners."
- The owners of Riley Deli say they're now afraid to call police to report crime after they were cited for running a nuisance business when two people were arrested for selling drugs near their store, per the lawsuit.
- Other businesses say they've been cited for having littered beer cans on their premises or because people were drinking outside their stores.
Catch up quick: City Council established an 11pm-6am curfew for certain businesses in Kensington earlier this year. The move was part of the Parker administration's broader public safety plan to improve residents' quality of living.
- Then, roughly two months ago, state lawmakers received recommendations from a task force on how to better regulate Philadelphia's stop-and-go stores, which included increasing fines for violators and hiring more enforcement officers. The guidance could inform future legislation.
Flashback: The state and city have implemented several measures over the years to limit the spread of stop-and-go stores in Philadelphia, including requiring them to get special permission from City Council before applying for liquor licenses.
- In 2005, former Mayor John Street set an 11pm curfew for takeout businesses in certain neighborhoods.
- More than two dozen Chinese takeout restaurants sued the city for discrimination in 2018, arguing that Chinese-owned businesses accounted for a disproportionate amount of curfew citations.
- The case was settled a year later for $265,000. City officials agreed to stop enforcing the curfew and provide implicit bias training for police officers.
What we're watching: The groups' lawyers have asked a judge to issue an injunction preventing city officials from enforcing the curfew.
- They also want an unspecified payout and a stay of proceedings related to the renewal of members' liquor licenses.