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...
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