Ahead of an initial vote by the Orlando City Council Monday, on whether to extend by one hour bar hours downtown Orlando and to remove patrons under 21 years old after 10:00 p.m., the Florida Civil Rights Association said, the city “is treading on dangerous grounds with its proposed under 21 ban on bars and nightclubs” in the downtown CRA district.
Orlando Mayor Buddy Dyer and City Commissions will discuss an ordinance which seeks to push back bar hours from 2:00 a.m. to 3:00 a.m. on Thursdays, Fridays and Saturdays, and banning people under 21 years.
“The under 21 ban as written violates state and federal laws,” said J. Willie David, president of the Florida Civil Rights Association. “The city council should immediately reject the proposal to prevent wasting thousands of dollars of tax payers’ money in a costly lawsuit in federal court.”
David said, his organization had met with nearly 10 bar owners in the downtown area and they are opposed to the under 21 ban. The FCRA will not rule out filing a federal lawsuit against the City if the proposed under 21 ordinance is passed, he also said.
Supporters of the one-hour extension of bar hours downtown Orlando and the ejection of people under 21 say, more business will be generated from a more mature crowd. Opponents believe that there could be a spike in alcohol-related crimes in the surrounding areas.
“There is no indication that people under the age of 21 are causing any type of harm by being allowed to remain in bars or clubs after 10:30 pm.,” David added. “Further, there is no rational or substantial basis to differentiate between bar owners in the downtown area versus other areas of the city.”
David said, a study had not been undertaken which showed violent and dangerous crimes had been undertaken by those under 21 years. To the contrary, he said, “the violent and dangerous crimes listed in the under 21 ordinance were allegedly committed by suspects 21 and older.”
FCRA said, the ban is unconstitutional for several reasons in that it violates a bar owners’ and patrons right to equal protection, differentiates between bar owners in the downtown area versus other areas of the city and the proposed ordinance is pre-empted by state law, among other factors.
“The proposed ordinance seeks to carve out classes of people for discrimination but provides no rational basis as to why the discrimination is needed,” he added. “The ban is unconstitutional.”
“The Constitution and the Bill of Rights protect persons under 21 as it does persons above that age. Those in the suspect class should still have the right to spend money on non alcoholic things. In Florida, 18 is the legal adult age. Therefore, it is clear that proponents of the new ordinance are showing a concerning level of indifference to classes of Orlando citizens would be harmed economically and politically by a blatantly discriminatory policy,” stated David.
The ordinance will have a second reading before the City Commission in about two weeks.
