Chesapeake’s trick-or-treat law won’t stop haunting the city.
The community is in the national spotlight again for its decades-old law that threatened teenage trick-or-treaters with a fine and/or jail time for up to six months. But even after changing the 1970 ordinance last March, city staff continues to receive calls and emails berating them for being a “Communist city and dictatorship,” said Mayor Rick West.
The rule, which previously had an age cap of 12, was changed to allow trick-or-treaters up to 14 years old to collect candy until 8 p.m. But for anyone older than that, it’s still a class 4 misdemeanor, and a max fine of $250 ? the lowest criminal penalty in Virginia. There’s no jail time, though.
West said he now thinks the council should have scrapped the law.
“Looking back on it, I would have preferred that we repeal the ordinance rather than revise (it),” he said. “I just don’t think it’s necessary. We haven’t had any problems in 40 years, and there are all kinds of rules and laws out there that would give the police ample opportunity to act if there was a problem.”
Four decades ago, the ordinance was created because a firecracker was thrown into a trick-or-treater’s bag.
So far this year, The New York Times, CNN, USA Today, National Review magazine and even Reuters in London have reached out to the city for an update on the story that quickly spread on social media.
Last year, Jimmy Kimmel shot a sketch with actor Fred Willard, who portrayed a fictional Chesapeake police sergeant, poking fun at the law.
Around 50 emails and a few calls from residents all over the U.S., Mexico and the United Kingdom have come in so far this year. None of them are local, West said.
“It’s not as viral as it was last time. It’s a little easier. Some of these emails are nasty,” he said, adding that he received about six this year.
Many have compared Chesapeake to a “dictatorship” and “overbearing government.”
Some have stated that all city staff should be fired.
Chesapeake started getting calls and emails from national and international media outlets again this year because the story is “sensational,” said city spokesman Heath Covey.
“To be honest with you, I would rather they would focus on important things and not a 48-year-old ordinance that’s never seen anybody being arrested,” he said. “In the grand scheme of things, there are much more important things that people in the media and people on social media should be focusing on.”
Although less emails and social media messages have come in, Covey said misinformation is rampant and the city has been referred to with a “dramatic variety of profanity and name-calling.”
“Either they’re misinformed or they disagree with the way the ordinance reads,” he said. “But they don’t seem to have any knowledge of the reality that it’s never been an ordinance that’s been enforced. We’ve never arrested or fined anybody.”
West said many old ordinances, such as where residents should park horses, are rarely revisited and modified.
“We didn’t even know we had it on the books. …” West said. “Very rarely do we clean up what’s out there because it doesn’t come into play. Once it does, it’s very embarrassing.”
He said he doesn’t “have a clue” why the story has gained national attention again this year.
“I’m definitely hoping it doesn’t come up next year,” he said.
“I hope we decide there’s no such thing as Halloween.”
Briana Adhikusuma, 757-22-5349, b.adhikusuma@pilotonline.com
