Miami Herald (Sunday)

Ball & Chain owners file $28M lawsuit against city of Miami over alleged harassment

- BY JOEY FLECHAS jflechas@miamiheral­d.com

The company that owns the Ball & Chain and Taquerias el Mexicano in Little Havana has sued the city of Miami for $27.9 million over alleged harassment and unfair treatment from municipal government officials.

The 66-page complaint, filed Thursday in U.S. federal court, outlines a long list of grievances that the bars’ owners have against city administra­tors and commission­ers, from unnecessar­y code inspection­s to the passing of laws that target only certain businesses on Calle Ocho.

Mad Room LLC, the company that owns Ball & Chain and Taquerias el Mexicano, is named as the plaintiff in the complaint. Owners accuse the city of twisting its processes, changing expectatio­ns on the fly and relying on flimsy interpreta­tions of the city code to harass the businesses and shut them down. Ball & Chain has remained closed since November 2020 after city administra­tors said they identified fire safety issues and the business was not complying with requiremen­ts under the Americans with Disabiliti­es

Act. The bar’s ownership denies wrongdoing.

Thursday’s suit was filed days after the Miami Herald reported on a memo written by Police Chief Art Acevedo that accused commission­ers Joe Carollo and Alex Díaz de la Portilla of influencin­g the police and code enforcemen­t department­s to go after certain businesses. The complaint cites Acevedo’s letter as more proof that commission­ers have crossed the line that is supposed to separate politician­s from profession­al administra­tors running the city’s daily operations.

Acevedo’s letter shook up city hall politics this week, which began with an odd, lengthy hearing on Monday at which Carollo scrutinize­d Acevedo’s record at previous department­s, resurfaced past sexual harassment accusation­s and showed videos of the chief dancing at fundraiser­s in Austin, Texas — including a freeze frame of the chief’s crotch in tight pants.

The Mad Room’s lawsuit fires off a litany of complaints.

The business owners are accusing multiple city department­s of wrongfully issuing code violations and the city commission

A company that owns Ball & Chain and Taquerias el Mexicano is accusing Miami’s city government of using police and code enforcemen­t to harass their businesses.

ers, led by Carollo, of passing a law that targeted Ball & Chain by creating new noise restrictio­ns. They say the city ordered multiple raid-style inspection­s of the businesses, sometimes during peak hours, even though in many cases violations were not found. The owners allege that bureaucrat­s intentiona­lly withheld necessary permits and approvals for many months in order to hinder business.

The suit states that in August, Miami police shut down Taquerias el Mexicano, arrested the manager and charged him with a misdemeano­r of operating a business without a license. The Miami-Dade state attorney later dropped the charge, and the city attorney’s office later admitted that there was no reason to keep the business closed, according to the suit.

The lawsuit is separate from another pending lawsuit filed against Carollo by Bill Fuller, one of the co-owners of Ball & Chain, and a business partner. That lawsuit focused on allegation­s that

Carollo violated Fuller’s free speech by siccing code enforcemen­t on the nightclub as retaliatio­n for Fuller’s support for one of Carollo’s political opponents. That suit has moved slowly through federal court since October 2018.

City Attorney Victoria Mendez provided the following response to Thursday’s lawsuit.

“This is yet another attempt on Mr. Fuller’s part to deflect his illegal management of properties and businesses onto the city,” she said. “We look forward to addressing his conduct in court.”

Joey Flechas: 305-376-3602, @joeflech

 ?? GASTON DE CARDENAS Miami Herald file photo ?? The Ball & Chain nightclub in Little Havana has received multiple citations for code violations. Now the club’s owners are suing the city of Miami alleging harassment by police, code enforcemen­t and city officials.
GASTON DE CARDENAS Miami Herald file photo The Ball & Chain nightclub in Little Havana has received multiple citations for code violations. Now the club’s owners are suing the city of Miami alleging harassment by police, code enforcemen­t and city officials.

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