How Philadelphia’s new overnight curfew ordinance could change how people do business

This story was originally published by Fun Times Magazine.

For many years, Philadelphia business owners have been serving their communities from sunrise to sunset. Late-night diners, food trucks, and even small immigrant-owned groceries have all been vital parts of the community, sustaining and growing the after-hours economy.

But a new overnight curfew ordinance, set to take effect on September 11, is threatening to change all this in ways that many Black business owners and customers may be negatively affected.

In March 2024, the Philly City Council enacted a curfew in Kensington that will shut down some late-night businesses during certain hours. This is an effort to reduce crime and address quality-of-life concerns in neighborhoods with high rates of violence, drug activity, and littering. Businesses are required to close between 11 p.m. and 6 a.m.

In June of the same year, city lawmakers voted to extend the curfew into North Philly, including the 7th and 8th council districts, plus parts of the 1st. That includes neighborhoods such as Germantown, Mount Airy, and larger swaths of Kensington.

Scheduled to take effect on September 11, the curfew will force convenience stores, takeout restaurants, mobile vendors, and others to close by 10 pm. Businesses that violate the curfew would receive fines of $1,000 per violation.

However, businesses with liquor licenses, gas stations, and storefronts that have drive-thru windows will not be affected by the ordinance.

According to the Institute for Justice, this bill would expand the city’s existing business curfew coverage by more than 500 percent and also deprive 13 percent of the city’s workforce who work nighttime jobs of the ability to pick up food, coffee, medication, and other essentials after they get off work.

How Business Owners Are Responding

Business owners affected by the ordinance are not pleased and have expressed their dissatisfaction. Some have shared how devastating it will be to lose overnight sales when the ordinance takes effect on September 11.

Many in the affected neighborhoods operate overnight, serving a key segment of the workforce, including late-shift nurses, firefighters, and police officers, along with early-morning commuters.

On Thursday, August 21, food truck vendors, other late-night business owners, and grassroots advocates gathered in Juniata Park, calling on the city council to recall the ordinance. Many of the truck owners who banded together in the spring through the newly formed Latino Food Truck Association have noted that the reduced hours would cost them thousands of dollars a week and force them to lay off workers.

Speaking in front of his Alta Cocina truck in Juniata Park, chef and food truck owner José Luis tearfully said, “Right now, everything has been lost. I feel that all the blame is falling on the little restaurant owners.”

Afraid of racking up expensive citations, the 52-year-old food truck owner has started closing at 10 pm and has also reduced the number of staff from five to two.

Mitesh Patel, who owns the Medicine Shoppe Pharmacy in Kensington, told the Institute for Justice that his business and customers will be harmed by the ordinance.

“The curfew is just too gray. 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.”

Meanwhile, the Institute for Justice, a Virginia-based public interest law firm working on behalf of business owners in Philadelphia, has urged City Council to recall the ordinance and consider tailoring it to be less restrictive.

IJ Cities Work Director Jennifer McDonald noted that crime was a serious issue that must be addressed by the city. She, however, pointed out that the ordinance, as it is currently constructed, would do little to combat crime while having a serious negative impact on Philly’s small businesses

“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,”  she added.

How the Curfew Would Affect Businesses in Philly

Certain businesses have been restricted from operating beyond a set overnight timeframe. While the goal is to ensure public safety and reduce late-night crime, it could have a negative impact on businesses in Philadelphia.

For Black entrepreneurs and others, particularly those running small neighborhood shops, late-night hours are some of the most profitable and are essential for the growth of their businesses. What this curfew means is that these businesses that usually stay open late can no longer do so. They will have to adjust their hours, staffing, and customer flow.

Some of the challenges posed by the new overnight curfew ordinance include:

Revenue loss: Some local businesses in Philly depend on late-night sales, especially in neighborhoods where late-night shift workers and early-morning commuters patronise them. This curfew could impact the business, drastically reducing sales.

Nighttime economy decline: According to a report by the City of Philadelphia, the nighttime economy supports a $26.1 billion annual output, 132,000 jobs, and generates hundreds of millions in tax revenue. By restricting commercial hours, the curfew could stifle the economy.

Customer access: Night-shift workers, often Black and immigrant workers, rely on these businesses for meals and essentials when mainstream stores are closed. Given that 13% of Philadelphia’s jobs belong to the nighttime economy, the Institute for Justice has raised a concern that the new curfew could make it more difficult for overnight workers to access food and other necessities. This policy, therefore, poses a challenge for a substantial portion of the city’s workforce.

Layoffs and permanent closures: For some businesses that rely on late-night traffic, this new curfew could force formerly thriving businesses to lay off most of their staff. Some may even be forced to shut down.

Edward Bonilla, who has been the owner of Fifth Street Super Food Truck in Hunting Park for nearly five years earlier expressed his concerns, noting that he is considering shutting down.

“We don’t make any money. I don’t know what’s going to happen. We don’t make anything. I don’t know, maybe one day I’m going to have to close the doors and try to leave for another city,” Bonilla said.

The debate over the new overnight curfew ordinance raises a critical question: How do we keep communities safe without stifling the very businesses that make them vibrant and self-sustaining?

For many business owners in Philly who already face barriers like high taxes, complex licensing requirements, and limited access to capital, the curfew adds another layer of restriction.

While some believe the new curfew is a step in the right direction in fighting against crime, others are of the opinion that if businesses are forced to reduce the number of hours they operate, the ripple effects could be wide-reaching, from reduced access to services in local neighborhoods to fewer opportunities for those seeking employment.

Have any questions, comments, or concerns about this story? Send an email to editors@kensingtonvoice.com. Or call/text the editors desk line at ‪(215) 385-3115‬.