As the Only Business to Sue, Miami Beach Hotel Gets Temporary Relief From Miami Alcohol Ban

A recent ban by Miami Beach city commissioners on alcohol sales between 2 a.m. and 5 a.m. in Miami Beach’s entertainment district is on pause for one Ocean Drive hotel. 

Since the Clevelander Hotel was the only business to file suit, it’s the only one that will be exempt from the 2 a.m. ban.

It’s a case that shows businesses with the resources and persistence to proceed in court will get treated fairly and property rights will be reserved, according to the Clevelander’s attorney Alexander Tachmes, a partner Shutts & Bowen in Miami. He suggested attorneys with clients in a similar predicament should try to defeat the passage of the law.

“If it’s important enough to you, it’s definitely something that should be considered,” Tachmes said. “You’re not always going to get the votes and sometimes the damages and the issues caused by a law could be really, really severe.”

Commissioners banned pre-dawn alcohol sales between in Miami Beach’s entertainment district in May, in an attempt to control unruly crowds in South Beach. The Clevelander Hotel then sued after that vote and sought to stop the ban while the case is pending.

The hotel gave the city a settlement offer that would exempt certain businesses on Ocean Drive from adhering to the 2 a.m. deadline. It also requested the immediate reopening of Ocean Drive to vehicles and asked that a noise ordinance against the Clevelander be lifted. 

Miami-Dade Circuit Judge Beatrice Butchko ruled in favor of the city regarding its closure of Ocean Drive to cars, but allowed the hotel to stay open until 5 a.m. to sell alcohol and provide live entertainment above a certain volume. 

A Compromise?

It was good news for Tachmes, as well as attorney Kendall Coffey of Coffey Burlington, who represented the hotel.

Tachmes said in the process of trying to shut down South Beach, the city of Miami Beach disregarded property rights and due process. 

“We’re very pleased we won a very important hearing in front of Judge Butchko,” Tachmes said.

Tachmes said the Clevelander hopes to compromise in the future with a valet stand on the corner of 10th St. and Ocean Drive, and is confident the city doesn’t have the authority to close the road.

“If the city doesn’t compromise, we’ll have to go back to court and continue to press on that issue,” said Tachmes. 

Tachmes said he thinks it’s important that cities make sure they’re doing everything they can to not rush to make decisions that can gravely impact businesses in the community. 

“I think that cities need to be aware that even if they are very motivated to make policy changes and seeking to do that in a swift and aggressive way, although they have the right to pass laws, they absolutely cannot ignore due process and vested rights along the way,” Tachmes said. “And if they do, and somebody sues, they will lose.” 

Most Clients ‘Would Not Sue a City’

Coffey and Tachmes tried to negotiate with the city for a year before filing the lawsuit, and Tachmes said there were many challenges along the way as his client did not want to litigate but felt it was a last resort.

“The great majority of my clients would not sue a city,” Tachmes said. “They wouldn’t even if it were an issue that’s a clear wrong because of the cost, because of the intimidation. They just wouldn’t do it. The owner of the Clevelander only did it as a last resort when the survival of their business was at stake.”

Besides the cost, Tachmes said the press that elected officials get can create momentum after residents are persuaded about policy initiatives.

“It creates this momentum so it’s not done in a deliberate, slow manner,” Tachmes said. “The next thing you know, it’s this political wave and the city passes new laws and disregards legalities along the way.”

Rafael Paz is among the attorneys representing the city of Miami Beach. He and his colleagues did not respond to a request for comment by deadline.

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