Sun Sentinel Palm Beach Edition
Court cripples Broward curfew
Decision allows bars, restaurants to be open past midnight
A federal appeals court cleared the way for Broward’s restaurants and bars to remain open later after midnight, crippling the county’s effort to limit operating hours to slow the spread of COVID-19.
While the number of new cases has declined statewide in recent weeks as more and more residents have been vaccinated, the effects of the pandemic are far from over.
Earlier this week, the U.S. surpassed 500,000 deaths attributed to the coronavirus.
In the case originating in Broward, the federal appeals court upheld an injunction blocking the county from enforcing its curfew while the county appeals a lower court decision giving restaurant owners the ability to remain open and serve food and alcohol as long as they are open.
Broward is still appealing that ruling, and the appeal is pending.
“It was the right thing to do,” said Bradford Cohen, the attorney for one of the businesses suing to stay open.
The county had argued that restaurant and bar patrons were a higher risk of spreading the disease during late-night hours because of lowered inhibitions, but nine restaurants challenged the Broward curfew, arguing there is no evidence to back the notion of higher risk at night.
U.S. District Judge Raag Singhal found that Broward’s curfews violate a less restrictive order signed by Gov. Ron DeSantis in September. Broward’s rules prohibiting the sale or alcohol between midnight and 5 a.m. are “speculative and arbitrary,” Singhal wrote.
“The judge’s order was appropriate,” said Cohen. “He did not abuse his authority in preventing the county from enforcing a nonsensical ordinance.”
The restaurants that sued were The Hub Lounge, Capone’s Night Club, Lucky’s Tavern, SWAY Nightclub, Ebar Club 13, #00 Shato and Club Euro Night Club, all in Fort Lauderdale, and Grand Café and D’Lux Restaurant and Bar, both in Hollywood.