We all knew Lawsuites were coming.
Here's one.
Palm Beach bartender sues DeSantis over reopening measure that excludes South Florida
Restaurants and retailers across the state received the governor’s blessing to reopen Monday, as long as they operate at 25% capacity and keep tables six feet apart.
That is, restaurants and retailers outside of South Florida, according to Gov. Ron DeSantis’
executive order, released last Wednesday.
DeSantis’ mandate does not apply to Palm Beach, Broward or Miami-Dade counties, all of which the governor says “have seen the lion’s share of the epidemic.” The three counties make up 60% of the state’s more than 36,000 cases of COVID-19, the highly infectious disease caused by the novel coronavirus.
Debra Henry, a 40-year South Florida restaurant industry veteran, is suing DeSantis over the order, which she calls an unfair attempt to reopen some businesses in the state but not others.
The complaint, filed in federal district court the day the order was released, says the order violates Henry’s constitutional rights, as it “arbitrarily” allows some businesses to remain open. It says the order is “unconstitutional on its face” and will disparately affect some businesses but not others.
Henry’s attorney Cory Strolla said the decision is arbitrary because the county has a high mortality rate but not as high of an infection rate. The county cases make up 9% of cases statewide, while Broward and Miami-Dade make up more than half. However, Palm Beach has 14% of Florida’s COVID-19 deaths.
Strolla said the higher mortality rate exists because the county has a population that skews elderly.
“To pick an imaginary line based on a number of infections is arbitrary. People aren’t dying at a catastrophic rate,” he said. “Yes this is a pandemic, but it’s not the bubonic plague.”
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