Miami Beach restaurant sues to block city’s ‘arbitrary’ spring break curfew

A South Beach steakhouse is suing Miami Beach to block a midnight curfew from taking effect in the entertainment district Thursday night, calling it an “arbitrary” measure that will unfairly wipe out late-night sales in an area that hasn’t seen gunfire or large crowds.

The suit is the first known legal challenge to Miami Beach’s emergency order that forces most businesses to shut down to customers at midnight at the peak of tourism season in a resort city famous for its late-night scene.

“While Plaintiff fully understands and appreciates the City’s desire to ensure the safety of City residents and visitors in light of recent violent events, the Curfew is impermissibly overbroad and indiscriminately targets areas of the City that have been safe, secure and free from the violence ... east of Collins Ave.,” according to the lawsuit filed by Papi Steak, which operates at the southern tip of Miami Beach.

City leaders argue the action is needed to prevent the gunfire and hard-to-control crowds that gathered in the Ocean Drive area east of Collins last weekend. Critics call it an overreaction to an influx of largely Black visitors.

The lawsuit called the curfew “arbitrary” for selecting only a portion of the city for restrictions, the area south of 23rd Street and Dade Boulevard.

The lawsuit focuses on the relative calm in the “South of Fifth” area where the restaurant sells high-end steaks and bespoke cocktails. It comes days after a high-profile scuffle outside the restaurant Monday night, with UFC fighter Jorge Masvidal charged with battery for allegedly punching fellow UFC star Colby Covington.

A city spokesperson said Miami Beach would not comment on the litigation.

When city commissioners approved the state of emergency this week authorizing the curfew order by City Manager Alina Hudak, elected leaders predicted litigation.

Miami Beach had an 8 p.m. curfew during spring break last year but it overlapped with a countywide midnight curfew tied to the COVID-19 pandemic — a public health response that had already survived court challenges.

Along with the midnight curfew, Hudak’s order bans all alcohol sales in stores after 6 p.m. on Thursday, Friday and Saturday.

The curfew, which runs each day from midnight until 6 a.m. through Monday morning, includes exceptions for Miami Beach residents and hotel guests coming and going, and for food delivery services and other employees traveling to and from work.

Paul Schwiep, the Coffey Burlington lawyer representing Papi in the Miami-Dade Circuit Court suit, said he hoped to get an emergency hearing before a judge Thursday afternoon to ask for an injunction halting enactment of the curfew.

The suit said the curfew means losing the bustling late-night stream of customers for Papi, a restaurant backed by Miami Beach nightlife mogul David Grutman and his Groot Hospitality company. Turning them away in the middle of March causes even more damage, the suit said.

“Plaintiff derives significant revenue during the late-night hours between 10 PM and final closing between 2 AM or 3 AM. While Plaintiff is open seven days a week, its busiest nights are Thursday through Sunday nights,” the suit said. “Particularly during the Spring Break season, which is an economically critical period for Miami Beach businesses.”

This story was originally published March 24, 2022 at 4:33 PM.