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Resolution 2019-30962 RESOLUTION NO. 2019-30962 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ATTORNEY TO SEEK LEAVE OF COURT TO APPEAR AS AMICUS CURIAE AND FILE A BRIEF IN SUPPORT OF THE PLAINTIFFS IN ANY APPEAL OF A TRIAL COURT ORDER IN YANES V. 0 C FOOD & BEVERAGE, LLC ( CASE NO. 18-CA- 003554-0), WHICH FOUND THAT THE ORANGE COUNTY HUMAN RIGHTS ORDINANCE WAS PREEMPTED BY THE FLORIDA CIVIL RIGHTS ACT. WHEREAS, on April 6, 2018, Plaintiffs, Anita Yanes and Brittney Smith ("Plaintiffs"), filed a complaint in Orange County Circuit Court against 0 C Food & Beverage, LLC., d/b/a/ Rachel's and West Palm Beach Food and Beverage, LLC, d/b/a Rachel's Adult Entertainment and Steakhouse ("Defendant"), alleging unlawful discrimination on the basis of sex pursuant to Orange County's Human Rights Ordinance and seeking injunctive relief and compensatory damages; and WHEREAS, the lawsuit was initiated after the Plaintiffs were denied entry to the Defendant's adult establishment unless they were accompanied by a male companion; and WHEREAS, in their complaint, Plaintiffs argued that the Defendant's policy was in violation of Orange County's Human Rights Ordinance, which prohibits discrimination in a place of public accommodation on the basis of sex; and WHEREAS, Defendant filed a motion to dismiss, arguing that the complaint should be dismissed for failure to state a cause of action because the lawsuit should have been filed under the Florida Civil Rights Act ("FCRA") rather than the local human rights ordinance, which, Defendant alleged, is preempted by the FCRA; and WHEREAS, on May 20, 2019, the Circuit Court entered an order granting the dismissal of the Plaintiffs' complaint, finding that the FCRA preempted Orange County's Human Rights Ordinance, and that the FCRA provides a complete structure for litigating discrimination cases; and WHEREAS, the Mayor and City Commission assert that the Circuit Court's order of dismissal is erroneous and jeopardizes the validity of local human ordinances across the State of Florida, including the City's own Human Rights Ordinance; and WHEREAS, the City of Miami Beach has always been at the forefront of protecting civil rights and has one of the most progressive and comprehensive human rights ordinances in the country; and WHEREAS, as such, the Mayor and City Commission desire that the City Attorney seeks leave of court to appear as amicus curiae ("friend of the court") and file a brief in support of Plaintiffs and in defense of Orange County's Human Rights Ordinance. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby direct the City Attorney to seek leave of court to appear as amicus curiae and file a brief in support of the Plaintiffs in the case of Yanes v. 0 C Food & Beverage, LLC (Case No. 18-CA-003554-0), which case found that the Orange County Human Rights Ordinance was preempted by the Florida Civil Rights Act.. PASSED AND ADOPTED this 11th day of September, 2019. �' I ATTEST: -/' DanG- •er, Mayor Rafael e<Gr ado, CityClerk (Sponsored by Commissioner Michael Gongora; cosponsored by Mayor Dan Gelber) --40.,i 1 '11 41 z;_\,..::\-..!.; � .• <:::-.104 APPROVED AS TO .'�• - 1-# FORM & LANGUAGE XE UTION -: 9 :INCORP ORATED: � .l Lie( r -� • . 11(1...\ '. ��._ City Attorney ` ate 2 r�� Resolutions-C7 Y MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, City Attorney DATE: September 11, 2019 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ATTORNEY TO SEEK LEAVE OF COURT TO APPEAR AS AMICUS CURIAE AND FILE A BRIEF IN SUPPORT OF THE PLAINTIFFS IN ANY APPEAL OF A TRIAL COURT ORDER IN YANES V. 0 C FOOD & BEVERAGE, LLC (CASE NO. 18-CA- 003554-0), WHICH FOUND THAT THE ORANGE COUNTY HUMAN RIGHTS ORDINANCE WAS PREEMPTED BY THE FLORIDA CIVIL RIGHTS ACT. RECOMMENDATION Please see Memorandum attached. Legislative Tracking Office of the City Attorney Sponsor Commissioner Michael Gongora and Co-sponsored by Mayor Dan Gelber ATTACHMENTS: Description Di Commission Memorandum o Resolution Page 493 of 2228 OFFICE OF THE CITY ATTORNEY RAUL AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager FROM: Raul J. Aguila, City Attome / (Ji DATE: September 11. 2019 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ATTORNEY TO SEEK LEAVE OF COURT TO APPEAR AS AMICUS CURIAE AND FILE A BRIEF IN SUPPORT OF THE PLAINTIFFS IN ANY APPEAL OF A TRIAL COURT ORDER IN PANES V. 0 C FOOD & BEVERAGE, LLC ( CASE NO. 18-CA-003554-0), WHICH FOUND THAT THE ORANGE COUNTY HUMAN RIGHTS ORDINANCE WAS PREEMPTED BY THE FLORIDA CIVIL RIGHTS ACT. The attached Resolution is submitted for consideration by the Mayor and City Commission at the September 11, 2019 City Commission meeting. The Resolution is sponsored by Commissioner Michael Gongora and co-sponsored by Mayor Dan Gelber. On April 6, 2018, Plaintiffs, Anita Panes and Brittney Smith ("Plaintiffs"), filed a complaint in • Orange County Circuit Court against 0 C Food&Beverage, LLC., d/b/a/Rachel's and West Palm Beach Food and Beverage, LLC, d/b/a Rachel's Adult Entertainment and Steakhouse ("Defendant'), alleging unlawful discrimination on the basis of sex pursuant to Orange County's Human Rights Ordinance and seeking injunctive relief and compensatory damages. The action arose from the Plaintiffs' visit to the Defendants' place of business, wherein the Plaintiffs, two women, were told that they were not allowed to enter the premises of the Defendants' adult establishment unless accompanied by a male companion. In their complaint, Plaintiffs alleged unlawful discrimination on the basis of sex, pursuant to Section 22-42 of the Orange County Code: Sec. 22-42. - Prohibition of discrimination in public accommodations. It is a violation of this article for a person who owns or operates a place of public accommodation, whether personally or through the actions of an employee or independent contractor,to deny or refuse to another individual the full and equal enjoyment of the facilities and services of any place of public accommodation on the basis of that individual's age. race, color, religion, national origin, disability, marital status, familial status, sex, or sexual orientation. Page 494 of 2228 Commission Memorandum September 11. 2019 Page 2 • Defendant filed a motion to dismiss, arguing that Orange County's Human Rights Ordinance, codified in Chapter 22 of the Orange County Code, is preempted by the Florida Civil Rights Act ("FCRA"). On May 20, 2019, the Circuit Court entered an order granting the dismissal of the Plaintiffs' complaint, finding that the FCRA preempted Orange County's Human Rights Ordinance. As the Circuit Court's ruling sets a dangerous precedent and jeopardizes the validity of local human ordinances across the state of Florida, including the City's Human Rights Ordinance, Commissioner Gongora hereby requests that the City Commission direct the City Attorney to seek leave of court to appear if amicus curiae(friend of court) and file a brief in support of the Plaintiffs in the Fifth District Court of Appeals and in any subsequent appeals therefrom. RA/FA/sp • • • Page 495 of 2228