Hotel wins fight on closing time

MIAMI — A South Florida judge has sided with the Clevelander hotel in a lawsuit over a new Miami Beach law that sets a 2 a.m. closing time in the South Beach entertainment district.

Miami-Dade Circuit Judge Circuit Judge Beatrice Butchko said in a hearing on Monday that the city commission’s vote to approve the law wasn’t properly executed. The new law aimed at curbing the latenight partying on South Beach went into effect May 22 for a period of seven months. The entertainment district had been serving alcohol until 5 a.m.

“It was arbitrary, it is a violation of local ordinances, and that was unlawful,” Butchko ruled. The judge said the ordinance was presented as a general ordinance that requires a simple majority, but should have been pitched as a land-development regulation that requires broader commission support, the Miami Herald reported.

Mayor Dan Gelber, who led the move to overhaul the South Beach party scene after a rowdy spring break, said in a statement that the city will appeal. The mayor said the early-morning alcohol sales and unregulated music have encouraged a lawless party atmosphere that extends onto the streets.

Attorney Kendall Coffey, who represented the Clevelander, told the newspaper that the 2 a.m. policy won’t officially be revoked until he drafts an order for the city to review, which will then go to the judge for approval. Meanwhile, he said they hope the city won’t enforce it in view of the judge’s order.

Coffey also said the Clevelander has been unfairly blamed for the behavior of some tourists.

The commission voted to add a citywide voter referendum to the November ballot that would make the restrictions permanent.

The judge ruled that the Clevelander, which has an outdoor bar along Ocean Drive, has a right to play music above ambient levels, but said the city and the hotel should reach an agreement about the noise levels.