Mr. Moe's given permission to proceed with lawsuit
Mr. Moe's was given the opportunity to proceed with their lawsuit, asking for $10 million from the City of Miami.
On April 16, 2010, Mr. Moe's filed suit against the City in the circuit court in Miami-Dade County seeking to reverse Commissioner Marc Sarnoff’s initiative of rolling back the operating hours of liquor sales from 5 am to 3 am. Many feel that this hurt business in the Grove by "unevening the playing field," with the rest of the city, since other venues are permitted to sell alcohol until 5 am, 7 am and some even 24 hours. A campaign was started called "Same AM," asking that all liquor sales in the City be the same and equal.
John El-Masry, owner of Mr. Moe's felt that the rollback was illegal based on a number of different legal theories, including violation of both the Constitutions of the United States and The State of Florida, estoppel, breach of promise and others.
The City of Miami moved the court to dismiss the lawsuit and after extensive filing of legal pleadings and arguments, the circuit court yesterday denied the City’s motion. As a result, Mr. Moe's will now have the opportunity to proceed with the suit for $10 Million in damages and lost revenues. The case will be heard by a Miami-Dade County jury. Mr. Moe’s today remains the only venue still open for business that was adversely affected by rollback, (the other four businesses with 5 am licenses are now closed) and the only restaurant in Coconut Grove so adversely affected.
John calls it the "illegality of Commissioner Sarnoff’s personal crusade," and has always felt that the time change was a personal vendetta against John and Mr. Moe's.
Over a year ago, the City Commission put together a committee to study the issue after a very long night of debate. So far, nothing has been decided by the committee.
On April 16, 2010, Mr. Moe's filed suit against the City in the circuit court in Miami-Dade County seeking to reverse Commissioner Marc Sarnoff’s initiative of rolling back the operating hours of liquor sales from 5 am to 3 am. Many feel that this hurt business in the Grove by "unevening the playing field," with the rest of the city, since other venues are permitted to sell alcohol until 5 am, 7 am and some even 24 hours. A campaign was started called "Same AM," asking that all liquor sales in the City be the same and equal.
John El-Masry, owner of Mr. Moe's felt that the rollback was illegal based on a number of different legal theories, including violation of both the Constitutions of the United States and The State of Florida, estoppel, breach of promise and others.
The City of Miami moved the court to dismiss the lawsuit and after extensive filing of legal pleadings and arguments, the circuit court yesterday denied the City’s motion. As a result, Mr. Moe's will now have the opportunity to proceed with the suit for $10 Million in damages and lost revenues. The case will be heard by a Miami-Dade County jury. Mr. Moe’s today remains the only venue still open for business that was adversely affected by rollback, (the other four businesses with 5 am licenses are now closed) and the only restaurant in Coconut Grove so adversely affected.
John calls it the "illegality of Commissioner Sarnoff’s personal crusade," and has always felt that the time change was a personal vendetta against John and Mr. Moe's.
Over a year ago, the City Commission put together a committee to study the issue after a very long night of debate. So far, nothing has been decided by the committee.
posted by Tom Falco at 6:35 PM
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