By Martin Vassolo,Miami Herald | December 29, 2021 2:25 PM
Thirteen South Beach restaurant owners who were ordered to shut down their sidewalk cafes scored a legal victory Wednesday when a Miami-Dade circuit judge ruled that a new city policy cracking down on outdoor dining permits lacks due process.
The restaurants — located on Ocean Drive, Lincoln Road and Española Way — may continue to operate their outdoor tables on the public right of way until their lawsuits against the city are settled. The city said it will appeal the order.
The business owners sued the city after their permit applications were denied under an ordinance passed by the City Commission in March that allows the city administration to consider prior code violations and negative restaurant reviews when weighing whether to accept or deny applications.
Judge William Thomas, who heard arguments from attorneys for the restaurants earlier this month, wrote in his order that retroactively penalizing restaurants for prior violations is potentially unconstitutional. He also argued that the new policy lacks due process because it gives city officials too much discretion to reject a permit while creating an “unpredictable” review process for applicants. Prior to the new law, the application process mostly consisted of submitting site plans and paying off any outstanding fees.
“You can fight City Hall,” said attorney Etan Mark, who is representing two restaurants on Lincoln Road. “Just because they are a government entity doesn’t mean they’re immune to some of our core constitutional values.”
[…]
