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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