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.
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ATTEST: -/'
DanG- •er, Mayor
Rafael e<Gr ado, CityClerk
(Sponsored by Commissioner Michael Gongora; cosponsored by Mayor Dan Gelber)
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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
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Page 495 of 2228