Miami-Dade County’s mayor responded to a win by a Miami Gardens’ strip club who had filed a civil lawsuit against the county over its COVID-19 curfew.

The county has filed an appeal and its attorney has requested an expedited decision that, if is in the county’s favor, could put the curfew back in place before midnight Saturday.

As for now, however, the county cannot enforce the curfew at businesses until resolution of the appeal, according to a statement from the office of Miami-Dade County Mayor Carlos Gimenez.

“From a practical matter, the curfew is unenforceable until the appeal is settled by the courts. However, we can and will continue to enforce the County’s orders on facial coverings, distancing and important rules governing public health protocols for businesses.”

Miami-Dade County issued Amendment 3 to Emergency Order 27-20 on Oct. 12 that instituted a curfew from midnight through 6 a.m. “All restaurants and food service establishments shall close for on-premises dining between the start of the curfew at 12 a.m. and 6 a.m. the next morning. These establishments may still continue to operate their kitchens after 12 a.m. strictly for the purpose of providing delivery and drive-through services only.”

On Friday, Oct. 16, Miami-Dade County Circuit Court Judge Beatrice Butchko ruled in favor of Tootsie’s strip club in Miami Gardens when she issued a temporary injunction barring Miami-Dade County from enforcing the countywide curfew.

Butchko wrote in her ruling that the county’s four-month-old curfew order conflicts with a Sept. 25 order by Florida Gov. Ron DeSantis.

The news comes after Florida has been experiencing a rise in cases. Saturday’s coronavirus numbers were the largest single day increase since late August.

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Miami-Dade County has the second largest case number in the United States behind Los Angeles County, according to Johns Hopkins University Coronavirus Resource Center.

Gimenez said he wanted to “reiterate that if everyone wears masks in public places and stays away from large social gatherings, which can trigger dangerous super-spreader events, we can continue to keep the COVID-19 positivity rate low and not overwhelm our hospitals with very sick patients . . .I am asking our residents and business owners to keep your guard up and diligently follow the County’s safety rules to protect our community during this pandemic. Please, continue to do your part to save lives.”

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