Judge sides with Doral in nightclub lawsuit, says city’s 1:30 a.m. last call is legal

Just days before a new ordinance was set to take effect regulating alcohol sales and consumption hours in Doral following a mass shooting at a bar in CityPlace, a judge dismissed a lawsuit filed by one of the nightclubs that would be affected by the measure.

Judge Spencer Eig on Friday dismissed the case brought by MB Direct LLC, owner of Martini Bar, against the city of Doral. The lawsuit followed the City Council’s June 12 approval of new security measures aimed at enhancing safety at nightlife establishments, including mandating earlier closing times for bars.

The new regulations, sponsored by Councilwoman Maureen Porras, were passed two months after the April shooting at Martini Bar, which left two people dead and seven injured. The law, which is set to go into effect Oct. 1, establishes a last call at 1:30 a.m. and closing time at 2 a.m., with the option for businesses to request a special permit to stay open later. Previously, establishments in the city had been allowed to sell alcohol until 3:50 a.m. and stay open until 4 a.m.

READ MORE: Doral tightens security requirements for nightclubs in the wake of fatal shooting

In a last-minute change during the second and final vote on the ordinance, the council — at the request of Councilman Rafael Pineyro — shortened the hours even for venues with an extended-hour permit, moving the closing time from 4 a.m. to 3:30 a.m. and last call from 3:30 a.m. to 2:30 a.m.

The reduction in hours prompted Martini Bar’s owners to sue the city, a step they had considered after the first hearing for the legislation on May 8, when the ordinance initially was written to prohibit establishments in CityPlace and Downtown Doral from obtaining extended-hour permits. Martini Bar argued that the city couldn’t impose different rules for specific areas.

In response, the council removed the restrictions before the final vote, allowing all venues in the city to apply for extended-hour permits. The ordinance passed with a 4-1 vote, with Mayor Christi Fraga the sole opposition.

On July 8, Greenspoon Marder, the legal firm representing Martini Bar, filed the lawsuit against Doral, claiming it held a vested right to its existing alcohol sale hours. The legal complaint argued that the enactment of the ordinance was arbitrary and unreasonable. Additionally, Martini Bar sought protection from enforcement, alleging that the City Council’s decision to modify alcohol sale hours during deliberations at the second vote required the city to reopen a window for the public to give remarks, which it did not do .

However, Eig ruled that municipalities are within their rights to regulate alcohol sales and operating hours through ordinances and that the council had fulfilled its legal obligations by providing proper notice of the ordinance.

City Attorney Raul Gastesi, from the city’s legal firm Gastesi, Lopez and Mestre, told el Nuevo Herald that over 75 years of Florida legal precedent contradicts Martini Bar’s claims. He clarified that “grandfathering” applies to zoning and property use, not alcohol sales or hours of operation.

“The primary responsibility of government is ensuring public safety,” Gastesi added, emphasizing that cities have the authority to make decisions regarding the regulation of establishments for the well-being of the community.

Porras reacted to the lawsuit’s dismissal, telling el Nuevo Herald, “I am happy with the results and look forward to continuing to work with businesses and residents to ensure we have a safe and healthy community.”

Louis Terminello, co-owner of Martini Bar and chair of Greenspoon Marder’s hospitality law practice, told el Nuevo Herald that they plan to appeal.

“While we respect the circuit court judge’s order, we will be appealing that erroneous decision to the district court of appeal,” he said.

The city attorney responded that he is confident the appellate ruling will favor the city.

At least three lawsuits related to negligent security remain pending against Martini Bar from the survivors, including the two police officers who were present during the April 6 mass shooting.

READ MORE: Doral mass shooting victims’ lawsuit says Martini Bar and CityPlace Doral were negligent

Extended hour operation

At least seven venues, including Martini Bar, have applied for the extended-hour permit as the new regulations are set to take effect on Oct. 1.

Under the ordinance, venues without the extended-hours permit can stay open until 2 a.m. without being required to implement enhanced safety measures such as installing cameras and weapons detection systems, increasing security personnel or hiring off-duty police officers.

Bars and clubs with the special permit will only be allowed to operate one hour later than those without the permit. Those establishments will also need to create a customized security plan to be approved by the police chief, including the mandated safety measures and taking into account factors such as the venue’s capacity and any prior incidents of violence.