Resolution 2023-32711 RESOLUTION NO 1 2023-32711 .
A RESOLUTION OF THE MAYOR AND, CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING LGBTQIA+ADVISORY
COMMITTEE'S RECOMMENDATION, MADE AT ITS JUNE 10, 2023
MEETING, AND AUTHORIZING THE CITY ATTORNEY'S OFFICE TO
FILE A LAWSUIT, JOIN A LAWSUIT, OR TO. FILE AN AMICUS BRIEF,
AS DEEMED APPROPRIATE BY THE CITY ATTORNEY, IN SUPPORT
OF LAWSUITS CHALLENGING THE CONSTITUTIONALITY OF
FLORIDA LEGISLATION THAT HARMS THE LGBTQ COMMUNITY,
TARGETS PERFORMANCES WHICH WOULD DISPROPORTIONATELY
IMPACT LGBTQ-OWNED BUSINESSES AND/OR BUSINESSES THAT
CATER PRIMARILY TO THE LGBTQ COMMUNITY, AND IMPEDE THE
ABILITY OF MUNICIPALITIES TO ISSUE PERMITS FOR EVENTS
FEATURING 'DRAG PERFORMANCES, SUCH AS LGBTQ PRIDE
PARADES.
WHEREAS, in 2023, the state of Florida has enacted an alarming number of bills
that jeopardize the civil rights of LGBTQ Floridians; and
WHEREAS, on April 11, 2023, the Florida Senate voted to pass Senate Bill 1438
(SB 1438), a bill that grants state agencies the power to target LGBTQ friendly businesses
by giving the Department of Business and Professional Regulation discretionary authority
to fine, revoke liquor licenses, and even.shut down establishments; and.
WHEREAS, while Senate Bill '1438 does not explicitly mention drag shows, it
makes it a crime to admit young people to any performance, exhibit, play, or show that
any state agency official determines, in their sole discretion, is somehow inappropriate,
even if the child's parents think it is appropriate for their family; and
WHEREAS, SB 1438 also prohibits municipalities, counties' and other
governments from issuing permits for events that feature such performances, and should
a government issue a permit for. an event that goes on to violate SB 1438, the event
organizer named in the permit would face a first-degree misdemeanor; and
WHEREAS, on April 19, 2023, Florida Legislature passed House Bill 1521, which
prohibits gender-inclusive restrooms and changing facilities in private businesses,
healthcare facilities, schools, public, shelters, and jails, threatening transgender
Floridians' fundamental human rights and safety; and
WHEREAS, Florida Legislature also advanced House Bill 1069, which seek to
expand Florida's infamous "Don't Say Gay" bill to include prekindergarten to eighth grade
in its restrictions, and prohibits students and employees alike in K-12 public schools from
providing any pronoun that doesn't correspond with their assigned "sex" at birth, among
other changes; and
WHEREAS, on May 11, 2023, Governor DeSantis signed Senate Bill 1580, which
applies broadly to healthcare providers and healthcare payors such as insurance
companies, and allows them to claim a "conscience-based objection" based on a
religious, moral, or ethical belief to refuse to provide healthcare service or coverage,
which will drastically affect LGBTQ people seeking healthcare services; and
WHEREAS, on May 15, 2023, Governor DeSantis signed Senate Bill 266, which
prohibits state universities and colleges from spending state or federal funds on programs
that "advocate for diversity, equity, or inclusion" and are not required by law; and
WHEREAS, on May 17, 2023, Governor DeSantis signed Senate Bill 254, which
overrules parents' rights to make healthcare decisions for their children, and restricts
transgender adults' access to gender-affirming healthcare; and
WHEREAS, with these bills, the Florida Legislature seeks to impose their personal
beliefs on Floridians and strike at the heart of individual rights of LGBTQ Floridians; and
WHEREAS, at its June 10, 2023 meeting, the City's LGBTQIA+ Advisory
Committee adopted a unanimous motion requesting for the City of Miami Beach to
authorize the City Attorney's Office to file amid briefs in support of lawsuits that challenge
the constitutionality of any and all anti LGBTQ legislation enacted during the 2023 Florida
Legislative session, should the opportunity to do so arise; and
WHEREAS, the City of Miami Beach is a diverse and inclusive community and has
demonstrated a long history of opposing discrimination based on sexual orientation and
gender identity, among other categories; and
WHEREAS, the City is also a proud host to iconic LGBTQ establishments such as
the gay nightclub Twist, the Gaythering, Nathan's; and Palace Bar, which is famous for
its outdoor weekend drag brunch shows open to patrons and curious passersby; and
WHEREAS, the Mayor and City Commission vehemently oppose any legislative
action that targets or disproportionately impacts LGBTQ-owned businesses, or the
LGBTQ community; and
WHEREAS, as such, the Mayor and City Commission authorize the City Attorney's
Office to file a lawsuit, join a lawsuit, or to file an amicus brief, as deemed appropriate by
the City Attorney, in support of lawsuits challenging the constitutionality of recently
enacted Florida legislation which harms the LGBTQ community, targets performances
which would disproportionately impact LGBTQ-owned businesses and/or businesses that
cater primarily to the LGBTQ community, and impede the ability of municipalities to issue
permits for events featuring drag performances, such as LGBTQ pride parades.
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 accept LGBTQIA+ Advisory Committee's recommendation, made at
2
its June 10, 2023 meeting, and authorize the City Attorney's Office to file a lawsuit, join a
lawsuit, or to file an amicus brief, as deemed appropriate by the City Attorney, in support
of lawsuits challenging the constitutionality of recently enacted Florida legislation that
harms the LGBTQ community, targets performances which would .disproportionately
impact LGBTQ-owned businesses and/or businesses that cater primarily to the LGBTQ
community, and impede the ability of municipalities to issue permits for events featuring
drag performances, such as LGBTQ pride parades.ii,ily
PASSED and ADOPTED this a(/ day of , 2023.
ATTEST:
JUL 9 8 7023 Dan Gelber, Mayor
Rafael E. Granado, City Clerk
(sponsored by Commissioner Alex J. Fernandez)
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City Attorney A/ DatO
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MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: July 26, 2023
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING LGBTQIA+ ADVISORY
COMMITTEE'S RECOMMENDATION, MADE AT ITS JUNE 10, 2023
MEETING, AND AUTHORIZING THE CITY ATTORNEY'S OFFICE TO FILE
A LAWSUIT, JOIN A LAWSUIT, OR TO FILE AN AMICUS BRIEF, AS
DEEMED APPROPRIATE BY THE CITY ATTORNEY, IN SUPPORT OF
LAWSUITS CHALLENGING THE CONSTITUTIONALITY OF FLORIDA
LEGISLATION THAT HARMS THE LGBTQ COMMUNITY, TARGETS
PERFORMANCES WHICH WOULD DISPROPORTIONATELY IMPACT
LGBTQ-OWNED BUSINESSES AND/OR BUSINESSES THAT CATER
PRIMARILY TO THE LGBTQ COMMUNITY, AND IMPEDE THE ABILITY OF
MUNICIPALITIES TO ISSUE PERMITS FOR EVENTS FEATURING DRAG
PERFORMANCES, SUCH AS LGBTQ PRIDE PARADES.
ANALYSIS
Pursuant to the request of Commissioner Alex Fernandez, the above-referenced Resolution is
submitted for consideration by the Mayor and City Commission at the July 26, 2023
Commission meeting.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Is this a"Residents Right Does this item utilize G.O. •
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking.
Office of the City Attorney
Page 836 of 1588
Sponsor
Commissioner Alex Fernandez
ATTACHMENTS:
Description
D Resolution
Page 837 of 1588