Res No. 199-19RESOLUTION NO. 199-19
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, DIRECTING THE CITY
ATTORNEY TO SEEK LEAVE OF COURT TO APPEAR AS AMICUS
CURL4E AND FILE A BRIEF IN SUPPORT OF THE PLAINTIFFS IN ANY
APPEAL OF A TRIAL COURT ORDER IN YANES V. O C FOOD &
BEVERAGE, LLC ( CASE NO. 18 .. CA- 003554-0), WHICH FOUND THAT
THE ORANGE COUNTY HUMAN RIGHTS ORDINANCE WAS
PREEMPTED BY THE FLORIDA CIVIL RIGHTS ACT.
WHEREAS, on April 6, 2018, Plaintiffs, Anita Yanes and Brittney Smith ("Plaintiffs"), filed a
complaint in Orange County Circuit Court against OC Food & Beverage, LLC., d/b/ a/ Rachel's and West
Palm Beach Food and Beverage, LLC, d/b/a Rachel's Adult Entertainment and Steakhouse ("Defendant'),
alleging unlawful discrimination on the basis of sex pursuant to Orange County's Human Rights Ordinance
and seeking injunctive relief and compensatory damages; and
WHEREAS, the lawsuit was initiated after the Plaintiffs were denied entry to the Defendant's adult
establishment unless they were accompanied by a male companion; and
WHEREAS, in their Complaint, Plaintiffs argued that the Defendant's policy was in violation of
Orange County's Human Rights Ordinance, which prohibits discrimination in a place of public
accommodation on the basis of sex; and
WHEREAS, Defendant filed a motion to dismiss, arguing that the complaint should be dismissed
for failure to state a cause of action because the lawsuit should have been filed under the Florida Civil
Rights Act ("FCRA") rather than the local human rights ordinance, which, Defendant alleged, is preempted
by the FCRA; and
WHEREAS, on May 20, 2019, the Circuit Court entered an order granting the dismissal of the
Plaintiffs' complaint, finding that the FCRA preempted Orange County's Human Rights Ordinance, and
that the FCRA provides a complete structure for litigating discrimination cases; and
WHEREAS, the Mayor and City Commission assert that the Circuit Court's order of dismissal is
erroneous and jeopardizes the validity of local human ordinances across the State of Florida, including the
City's own Human Rights Ordinance; and
WHEREAS, the City of Delray Beach has always been at the forefront of protecting civil rights and
has one of the most progressive and comprehensive human rights ordinances in the country; and
WHEREAS, as such, the Mayor and City Commission desire that the City Attorney seeks leave of
court to appear as amicus curiae ("friend of the court") and file a brief in support of Plaintiffs and in defense
of Orange County's Human Rights Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing recitals are hereby affirmed and ratified.
Section 2. The Mayor and City Commission hereby direct the City Attorney to seek leave of court
to appear as amicus curiae and fùe a brief in support of the Plaintiffs in the case of Yanes v. O C Food & Beverage,
LLC (Case No. 1B·CA-003554·0), which case found that the Orange County Human Rights Ordinance was
preempted by the Florida Civil Rights Act.
Section 3. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED in regular session on th~~=-~
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RES. NO. 199-19