O C FOOD & BEVERAGE, LLC v. ORANGE COUNTY

Case No. 5D21-1061.

338 So.3d 311 (2022)

O C 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, Appellants, v. ORANGE COUNTY, Florida, Anita Yanes and Brittney Smith, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 6, 2022.


Attorney(s) appearing for the Case

Steven G. Mason , of Law Office of Steven G. Mason, P.A., Altamonte Springs, for Appellants.

Elaine Marquardt Asad , and Jeffrey J. Newton , of Orange County Attorney's Office, Orlando, for Orange County, Florida.

Matthew W. Dietz , of Disability Independence Group, Inc., Miami, for Appellees, Anita Yanes and Brittney Smith.

Rafael Paz , Acting City Attorney, Robert F. Rosenwald, Jr. , Deputy City Attorney, and Faroat I. Andasheva , Assistant City Attorney I, Miami Beach, Amicus Curiae for Alachua County, Broward County, Monroe County, Palm Beach County, Pinellas County, City of Atlantic Beach, City of Delray Beach, City of Dunedin, City of Ft. Lauderdale, City of Gainesville, City of Mascotte, City of Miami Beach, City of North Port, City of Orlando, City of Sarasota, City of Tampa, City of Wilton Manors, North Bay Village, and Village of Wellington, in support of Appellee.

Travis R. Hollifield , of Hollifield Legal Centre, Winter Park, and Richard E. Johnson , of Law Office of Richard E. Johnson, Tallahassee, Amicus Curiae for National Employment Lawyers Association, Florida Chapter, in support of Appellees.

Diana L. Martin , of Cohen, Milstein, Sellers & Toll, PLLC, Palm Beach Gardens, Lindsay Nako , Impact Fund, Berkeley, CA, Amicus Curiae for Equality Florida Institute, Impact Fund, National Center for Lesbian Rights, ADL, ACLU of Florida, Freedom for All Americans, Lambda Legal Defense and Education Fund, Inc., League of Women Voters of Florida, Legal Aid At Work, and Zebra Coalition, in support of Appellees.


Appellants, 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 (collectively, "Rachel's"), appeal the trial court's final judgment denying its motion to declare Chapter 22 of the Orange County Code facially unconstitutional. Rachel's argues that Chapter...

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