ORLANDO, Fla., July 10, 2020 /PRNewswire/ -- A group of the most popular bars in Orlando, Florida filed suit on July 10, 2020 against Florida Governor Ron DeSantis and others seeking to have the state's order shutting down bars while keeping restaurant bars open deemed unconstitutional. On June 26, 2020, Halsey Beshears, Secretary of the Florida Department of Business and Professional Regulation, issued Emergency Order 2020-09 which cited the increase in COVID-19 cases in Florida and attributed the spike to young people that may have attended bars. The Order prohibited establishments that received more than 50% of their gross revenue from the sale of alcohol from serving on the premises. The Order did not address restaurants containing bars from ceasing to serve alcohol to patrons. As a result, the Plaintiffs in the lawsuit claim that the Order has violated their constitutional rights to equal protection and due process. "My clients have complied with all safety mandates and have exceeded the guidelines set forth by the government and CDC. Instead of penalizing violators of the guidelines, Governor DeSantis has thrown the baby out with the bathwater and prevented law abiding citizens from making a living. My clients are in favor of reducing the spread of COVID-19, but can't understand why serving a certain amount of food is the deciding factor on who can stay open and who cannot. We want the court to stop this governmental overreach which is harming many citizens and not stemming the tide of COVID-19 cases in any way."
The complaint seeks a temporary injunction against the government from enforcing the Order and a declaratory judgment that the Order is unconstitutional. A hearing is expected next week.
John W. Dill, Esquire is a Board Certified Civil Trial Lawyer, diplomate with the American Board of Trial Advocates, diplomate with the American Board of Professional Liability Attorneys and has his AV rating as a trial attorney. He represents clients nationwide in complex matters including catastrophic injury, medical malpractice, and complex litigation. He has tried over 225 civil cases to verdict and recovered more than 200 million in jury verdicts on behalf of his clients.
SOURCE John W. Dill, PA