Gabrielle Russon
Seven downtown Orlando nightclubs are suing the city in a new federal lawsuit that says Orlando’s late-night bar permits are unconstitutional and unfairly target small businesses.
Last year, the city passed an ordinance requiring bars pouring liquor after midnight to have a permit and pay for off-duty police officers.
The measures came after several shootings in downtown Orlando’s bar district late at night as people headed home in 2021 and 2022.
But several of the bars are calling it governmental overreach, according to the lawsuit filed late last week in the U.S. District Court’s Orlando division by the owners of 64 North, The Patio, The Social, Celine, Aero, The Corner and The Beacham, which are all on or near North Orange Avenue.
The bars argued the city is blaming them for the increased crime and is now unfairly taxing them.
The city of Orlando declined to comment because it had not been served yet, spokeswoman Ashley Papagni said Monday afternoon.
However, the city defended the late-night permits.
“Regarding the After Midnight Alcohol Sales permit, this process was established to allow downtown area businesses to choose to sell alcohol during late hours after midnight by obtaining a permit and contributing to the costs of public safety services related to those late night events,” Papagni said in a statement. “The permit addresses the increased demand on police resources in downtown areas after midnight, helping to manage these costs in a sustainable manner and minimize the financial burden on taxpayers.”
For the permit, each business pays $51,480 to $145,080 annually for increased police, the lawsuit said.
Most of the late-night permits are for places with maximum capacity of 125 or less, the lawsuit said, arguing that city officials did not explore the root of the crime problem or look at the big venues that attract thousands downtown.
“Faced with a need for increased security downtown on a routine basis, the City began looking for ways to finance its increased police presence within the Downtown Entertainment Area. However, it did not look to the massive stadiums or wealthy professional sports teams that invite thousands of visitors downtown and serve alcohol for several hours before turning them out on the streets of downtown Orlando,” the lawsuit said.
“The City did not look to the hotels or conventions responsible for bringing millions of visitors to the city each year, where alcohol is also served. It did not even look to the hundreds of smaller venues where alcohol is served that routinely invite visitors to the DEA.”
Meanwhile, several bars are struggling financially with the city’s permit rules. One club, Celine, known for its rooftop dance floor, recently had layoffs and cut back on marketing to stay open, the lawsuit said.
“Celine simply cannot continue to operate while shouldering the financial burden of employing 3 OPD police officers every weekend,” the lawsuit said. “In the last year, Celine has not had a single serious violent incident inside of its property and Police have not been called to Celine to assist Celine’s security staff. In addition, there has been no connection of any kind between shootings in the DEA and Celine.”
At The Beacham, the owners are not making any profit, the lawsuit said.
“Many months, the Beacham’s entire profit margin is consumed by its almost $12,000 monthly Police Protection Fee,” the lawsuit said. “The Beacham cannot continue to operate while shouldering the financial burden of employing 3 OPD police officers every weekend.”
The lawsuit also alleged city officials warned the bar owners they would get shut down at 12 p.m. if they complained or challenged the ordinance.
The attorneys representing the bars did not immediately respond to comment Monday.
