Tootsie’s Cabaret in Miami can continue to bare it all after a judge ruled on Friday that the mayor’s curfew violated the governor’s executive order.
Gov. Ron DeSantis barred cities and counties from enacting restrictions that are stricter than that of the state. Part of DeSantis’ order barred cities and counties from reducing food establishment’s occupancy to below 50 percent.
THE JUDGE’S RULING
Miami-Dade Judge Beatrice Butchko sided with the club’s complaint by issuing a temporary injunction nullifying the Miami-Dade County’s midnight curfew. Judge Butchko ruled the curfew is “unenforceable.”
Miami Mayor Carlos Gimenez imposed the curfew was in August following a spike in COVID cases. Tootsie’s Cabaret filed a civil suit against the mayor, who is appealing the judge’s decision.
The club creatively used constitutionally-protected free speech in its argument. “Tootsies, its employees, performers and patrons, are also suffering an infringement on the First Amendment rights, because they are not permitted to put on and enjoy the exotic dance entertainment for which Tootsie’s is famous.”
The ruling has had a domino effect. Bars and clubs all over Miami announced they would also remain open beyond the midnight curfew. Many see this as a victory for struggling restaurants and bars in Miami that have been closed or restricted since March.
COVID IN FLORIDA
Florida saw a dramatic spike in COVID cased in mid-July. Since then, the number of cases has been declining steadily. The “Florida COVID-19 Response” website also shows a drop in COVID deaths. There were fifty-two on September 18th and two on October 18th.
Nevertheless, there is disagreement over the actual number of positive cases. The Sun-Sentinel accused the DeSantis administration of employing “a misleading measure of positive cases.” By contrast, John Hopkins University published data showing the daily positivity rate higher than five percent for 14 consecutive days.
TOOTSIE’S CABARET SPEAKS OUT
A Tootsie’s spokesperson issued a statement that “Tootsie’s continues to take seriously COVID-related safety measures, and urges others to do so.” It went on to say, “These measures include temperature check screening of guests, employees, and entertainers.”
People in the club will also be required to wear masks and social distance. The club will limit occupancy to 50 percent. It’s not clear where they stand on lap dances.
Image from: tootsiescabaret.com
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