TO: Honorable Mayor & Members of the North Port Commission
FROM: Peter D. Lear, CPA, CGMA, City Manager
TITLE: Discussion and Possible Action Regarding Signing the City of Miami Beach’s Amicus Curiae Brief Related to Preemption of Human Rights Ordinances in Yanes, et al. v. OC Food & Beverage, LLC, et al., case no. 5D19-1853 (5th DCA Fla.)
Recommended Action
Discussion and Possible Action Regarding Signing the City of Miami Beach’s Amicus Curiae Brief Related to Preemption of Human Rights Ordinances in Yanes, et al. v. OC Food & Beverage, LLC, et al., case no. 5D19-1853 (5th DCA Fla.)
Background Information
I. Litigation History
In this lawsuit, the Plaintiffs complain that the Defendants violated Orange County’s human rights ordinance by disallowing women from entering the Defendants’ premises because they were not accompanied by a male companion. Plaintiffs brought suit pursuant to the local ordinance. On May 20, 2019, the Ninth Judicial Circuit in Orange County dismissed the Plaintiffs' lawsuit, ruling that Chapter 760 of the Florida Statutes impliedly preempted the local human rights ordinance:
While reviewing Chapter 760, Florida Statutes (2018), it becomes clear that the legislature crafted a comprehensive scheme in which a person can seek relief from unlawful discrimination. …While the statutes do not explicitly state that any local ordinance is preempted, when examining the chapter as a whole, it appears that it is intended to be a complete structure for litigating discrimination cases, such as alleged here. …
The Plaintiffs appealed. On October 8, 2019, the appellate court granted permission for Orange County and the City of Miami Beach to file briefs as amicus curiae in support of Plaintiffs/Appellants.
II. City of Miami Beach Amicus Brief
On October 24, 2019, the City Attorney of the City of Miami Beach wrote to the City of North Port, stating that all 54 Florida localities with human rights Ordinances were invited to sign onto the amicus brief. The City’s participation would be limited to signing the brief in endorsement of the brief’s position that Chapter 760 does not preempt local governments from adopting broader human rights ordinances.
III. Provisions in State Law
Chapter 760 of the Florida Statutes, known as the “Florida Civil Rights Act,” provides protections against discrimination on the basis of eight (8) categories: race, color, religion, sex/gender, pregnancy, national origin, age, handicap, or marital status. These protections apply to three (3) areas: education, employment, housing, and public accommodations.
IV. Provisions in Local Law
Chapter 16 of the Code of the City of North Port, Florida addresses human rights and provides broader protections than the state statute. The local code protects against discrimination on the basis of 17 categories: age, race, color, religion, national origin, disability, marital status, familial status, sex, sexual orientation, gender identity or expression, physical characteristic, genetic information, handicap, creed, ancestry, or veteran's status. These protections apply to five (5) areas: employment, housing and real estate transactions, business establishments or public accommodations, and educational institutions.
Strategic Plan
Health & Public Safety
Financial Impact
n/a
Procurement
n/a
Attachments:
1. City of Miami Beach correspondence
2. Notice of Appeal
3. Order Granting Motion to File Amicus
Prepared by: Amber L. Slayton, City Attorney on behalf of Commissioner Jill Luke
Department Director: Amber L. Slayton, City Attorney