LTC 416-2024 DISMISSAL OF LAWSUIT CHALLENGING SPRING BREAK 24 EMERGENCY ORDERMIAMI BEACH
OFFICE OF THE CITY ATTORNEY
LTC No._
LETTER TO COMMISSION
TO:
FROM:
DATE:
Mayor Steven Meiner and Members of the City Commission
Ricardo J.Dopico,City Attome@
September 19,2024
SUBJECT:Dismissal of Lawsuit Challenging Spring Break 2024 Emergency Order
This letter is to advise you of the recent dismissal of the lawsuit challenging the City's
Spring Break 2024 Emergency Order (E.O.No.2024-01 ).
On March 15,2024,plaintiffs 1235 Redux,Inc.(d/b/a M2),Mynt Holding Company LLC
(d/b/a Mynt Lounge),and Exchange Miami LLC (d/b/a Exchange)filed a lawsuit against
the City of Miami Beach in the Eleventh Judicial Circuit court,case number 2024-04734-
CA-01.In their Complaint,the plaintiffs requested declaratory and injunctive relief barring
the City from enforcing the Spring Break 2024 Emergency Order-which imposed certain
temporary emergency measures,including a temporary curfew-based on the plaintiffs'
theory that the Emergency Order was vague,overbroad,and exceeded the City's
authority pursuant to its police powers.
The Court held an emergency evidentiary hearing on Saturday,March 16,2024.After a
fulsome presentation of testimony,documentary evidence,and legal argument,the Court
ruled in the City's favor and denied the plaintiffs'request to enjoin enforcement of the
Emergency Order.But following this emergency ruling,the case remained open.
On September 12,2024,the City moved to dismiss the case as moot. Before any hearing
on the motion,the plaintiffs voluntarily dismissed the case on September 17,2024.
The City's case was litigated entirely in-house by First Assistant City Attorney Henry J.
Hunnefeld and Senior Assistant City Attorney Freddi Mack.
As always,please feel free to contact me or Rob Rosenwald for further information about
this or any City litigation matter.
RJD/FM/ag
416-2024