suing the governor and the state over bars closure (COVID)
Jul 01, 2020OUTCOME: Ongoing
The owners of the Seaside Tavern, the Crooks Den and the Sports Den Billiards and Pub are suing the governor and the state saying it’s unfair to close bars while restaurants remain open. Two bar own ... ers in Volusia County have filed a lawsuit challenging Gov. Ron DeSantis and a state regulator’s order shutting down bars, arguing that their businesses are being treated unfairly even though they pose no greater COVID risk than restaurants, which are still allowed to seat customers. Gregory Trent, who owns the The Crooks Den and the Sports Den Billiards and Pub, both in South Daytona, and Patricia Miracle, who owns the Seaside Tavern in Ormond Beach, filed the lawsuit through their attorney on July 3 in Volusia County Circuit Court against DeSantis and Halsey Beshears, who is the secretary of the Florida Department of Business and Professional Regulation. The bar owners have also filed for an injunction asking Circuit Judge Leah Case to suspend the state’s order shutting down bars, so that the taverns can reopen as the issue is fought in court. Trent and Miracle are represented by attorney Jacob Weil of the Weil Law Group which has offices in Fort Lauderdale, Altamonte Springs and a satellite office in Washington, D.C., who has asked for an emergency hearing on the injunction request, although no date has been set yet. Weil said the lawsuit is about helping bar owners who are struggling as cash flow runs dry at businesses on which they’ve invested thousands of dollars and paid for costly liquor licenses. “This case is not about forcing people to go out, causing an increase in spread,” Weil said. “It is about protecting the constitutional rights that exist. And if the governor or the state of Florida or local officials can throw out the Constitution and point to COVID then that sets a precedent.” He said that precedent could lead to further erosion of Constitutional rights. And he said all bars are being punished because regulators said some bars violated reopening rules by allowing patrons to pack establishments. Weil said he has spoken to about a dozen other bar owners in Volusia County who are considering filing similar lawsuits. “There is little if any difference between a bar serving drinks to patrons and a restaurant serving drinks to patrons, or a multitude of other service establishments, yet those other venues are allowed to remain open while the plaintiffs are unable to sell their [products] under a paid-for license to do so,” the lawsuit state. Sponsored Video Sponsored by Advertising Partner See More As cases surged in the state, regulators on June 26 prohibited any establishment that makes more than 50% of its revenue from alcohol sales from serving alcohol for drinking on site. Bars are still allowed to sell alcohol for drinking offsite. Restaurants that mainly sell food can still serve alcohol to customers seated in the restaurant. A spokesperson for the Department of Business and Professional Regulation said it had not been served with the lawsuit yet. DeSantis’s office had yet to respond to The News-Journal. https://www.news-journalonline.com/news/20200710/volusia-bar-owners-sue-desantis-state-over-closings
