Resolution No. 19-71RESOLUTION NO. 19-71
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING THE CITY OF MIAMI BEACH, FLORIDA, TO ADD
THE CITY OF ATLANTIC BEACH TO THE LIST OF PARTIES FILING
AN AMICUS BRIEF SUPPORTING THE PLAINTIFFS IN THE CASE OF
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; AND PROVIDING FOR AN EFFECTIVE DATE.
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, Florida's voters placed municipal home rule powers into the Florida
Constitution on Nov. 5, 1968, enabling municipalities to consider, adopt, revise or remove its
own laws passage without the need to seek legislative permission from the state; and
WHEREAS, preempting local governments' human rights ordinances would be an
affront to home rule powers, the foundation upon which municipalities build their governmental
structure.
WHEREAS, the City Commission asserts 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 of Atlantic Beach's own Human Rights Ordinance; and
WHEREAS, the City of Atlantic Beach is at the forefront of protecting civil rights and
has a progressive and comprehensive human rights ordinances; and
WHEREAS, as such, the City Commission desires to authorize the City of Miami Beach
to add the City of Atlantic Beach to the list of parties filing an amicus brief supporting the
plaintiffs in in the case of Yanes v. 0 C Food & Beverage, LLC (Case No. 1 B • CA -003554.0),
which found that the Orange County Human Rights Ordinance was preempted by the Florida
Civil Rights Act.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Atlantic Beach as follows:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Commission hereby authorizes the City of Miami Beach to add
the City of Atlantic Beach to the list of parties filing an amicus brief supporting the plaintiffs in
in the case of 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.
SECTION 3. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach. This
9th day of December, 2019.
len Glasser, Mayor
Attest:
4~,
Donna Bartle, City Clerk
Approved as to form and correctness:
Breis Dur ity Attorney