'It Wasn't Unexpected': Attorneys Assess COVID-19 Business Penalties
At least one Florida bar license was suspended and three restaurants were temporarily shut down as Florida set daily records for COVID-19 cases.
June 24, 2020 at 05:25 PM
5 minute read
Florida restaurants and bars were allowed to reopen a portion of their seating, but some businesses accused of blatantly disregarding the rules are exposed to costly and serious penalties from temporary closures to losing their licenses.
At least one Florida bar and three restaurants were slammed with penalties last weekend, marking a shift toward enforcement after several weeks of education about the new normal as the coronavirus cases mounted. A new daily record of 5,511 was set Wednesday,
"Now I feel like that needle has been turned because of a few people violating the rules," said Miami attorney Louis Terminello, who chairs Greenspoon Marder's hospitality, alcohol and leisure industry group. "If you violate the rules, now there is a stricter enforcement."
Marbet Lewis, founding partner at Spiritus Law in Coral Gables, said the issue is marrying the two seemingly contradictory concepts of social distancing and business profit.
"Seeing a lot of these violations over the weekend really just brings back the main issue we have been having since the beginning of the pandemic. We are seeing — kind of contradictory to each other or on opposing sides — the concept of social distancing and business management and servicing the public at large," Lewis said. "Those two concepts do not really need to be in conflict with each other."
Potential consequences depend on whether a company is accused of breaking state, county or municipal guidelines.
Miami-Dade County Mayor Carlos Giménez last Friday amended his emergency order on business reopenings by outlining repercussions. First-time violators must close for 24 hours and sign an affidavit saying they have taken measures to comply with county guidelines.
Terminello cautioned businesses to take the affidavit seriously based on the threatened consequences.
The county said repeat offenders could face a $500 fine and up to six months in jail.
Miami Design District's Swan, branded as a modern European restaurant; Astra Mediterranean restaurant near Miami's Wynwood; and El Secreto Bar and Grill in Little Havana were shut down last weekend. Swan and Astra reopened Sunday after signing affidavits.
"We are good — it is behind us at this point," Astra said in a Facebook message responding to an inquiry about the closure.
El Secreto told WSVN-TV that it didn't realize it wasn't allowed to reopen to begin with because it's registered as a bar instead of a restaurant.
The consequences could be harsher for eateries accused of flouting state guideline. Gov. Ron DeSantis said they could lose their alcohol licenses, a severe penalty under a state quota system. The permits also are costly, running up to $170,000 in Miami-Dade.
DeSantis allowed bars outside South Florida to open at 50% capacity.
The Knight's Pub across the street from Orlando's sprawling University of Central Florida campus lost its alcohol license Monday on a suspension from the state Department of Business and Professional Regulation. At least 28 patrons and 13 employees have tested COVID-19 positive, according to the department.
Owner Michael D'Esposito issued a statement saying the pub is being used as a "scapegoat" for all coronavirus cases in the Orlando area. Photos circulated by the state showing patrons without masks were from last year and are being used to "mislead the public."
The pub was open from June 5 to 8 at limited capacity, encouraged social distancing and disinfected surfaces. It closed June 9 after a patron reported coronavirus symptoms.
"It is a slippery slope to essentially blame one small business for a majority of the COVID-19 cases in the area, a baseless accusation we take with the utmost seriousness," D'Esposito added.
Lewis noted it's difficult to get back a liquor license.
"That requires an entire administrative process and potential hearing before the administrative law judge to put those licenses back in place," she said. It "would be difficult to defend repeated violations of the same county ordinance, especially during a time when the nation at large is trying to really bring those numbers down."
Social media has played a role in exposing businesses for disregarding safety precaution. Some accounts have been created specifically to expose violators. Instagram account @covid_305 posts photos and videos and already netted over 12,700 followers.
Photos have circulated of Miami Mayor Francis Suarez, who had the coronavirus in March, at Swan on June 11 and 18.
Reports of violations are unfortunate, Lewis said.
"But in all honesty from our perspective and based on what we do, it wasn't unexpected," she said. "I think a lot of businesses have struggled with how to put these protocols into place, and now we are seeing the results of that."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllFowler White Burnett Opens Jacksonville Office Focused on Transportation Practice
3 minute readHow Much Coverage Do You Really Have? Valuation and Loss Settlement Provisions in Commercial Property Policies
10 minute readThe Importance of 'Speaking Up' Regarding Lease Renewal Deadlines for Commercial Tenants and Landlords
6 minute readMeet the Attorneys—and Little Known Law—Behind $20M Miami Dispute
Law Firms Mentioned
Trending Stories
- 1Reviewing Judge Merchan's Unconditional Discharge
- 2With New Civil Jury Selection Rule, Litigants Should Carefully Weigh Waiver Risks
- 3Young Lawyers Become Old(er) Lawyers
- 4Caught In the In Between: A Legal Roadmap for the Sandwich Generation
- 5Top 10 Developments, Lessons, and Reminders of 2024
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250