A small victory in Miami on Friday could shift the power in favor of businesses who are fighting against local COVID-19 restrictions in South Florida.
Tootsie’s strip club in Miami Gardens won in a civil lawsuit against Miami-Dade County, and will be able to stay open past the county’s coronavirus curfew, which the judge called “illegal.”
The curfew has been in place nearly three months to help curb the spread of the coronavirus. Restaurants were forced to close their dining rooms at midnight, which is when clubs typically open. In a number of cases, establishments such as Tootsie’s that stayed open were fined and forced to shut down at midnight.
The situation has been similar in Broward. Earlier this month, nightclub owners demanded answers from Broward Mayor Dale Holness, who said businesses would still have to shut down at 11 p.m. even after Gov. Ron DeSantis allowed South Florida into a Phase 2 reopening.
In Miami-Dade, Judge Beatrice Butchko ruled that Tootsie’s can operate all night because of DeSantis' statewide decree, which effectively snatched power from local governments to enforce COVID-19 restrictions on businesses.
DeSantis' order allowed counties and cities to set capacity limits for restaurants, but kept local governments from issuing rules that kept people from working.
“The Miami-Dade curfew orders conflict with [DeSantis' executive order] because they prohibit Tootsie’s from operating; they prohibit employees and contractors from working; and they reduce capacity to zero for the entire time subject to the curfew,” Butchko wrote in the ruling.
Sports radio host Andy Slater broke the news that Tootsie’s won the suit.
Miami-Dade and Broward imposed the curfews in July to crack down on late-night parties in bars, streets and in private homes. The curfews also affected restaurants that had to close their dining rooms early.
Sun Sentinel staff writer Rafael Olmeda contributed to this report.
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