Alexander Tachmes, a partner in Shutts & Bowen’s Miami office, was recently interviewed on ABC’s Good Morning America to discuss the Spring Break situation in Miami Beach. He also stated in a recent interview with the Daily Business Review that a busy 2021 season in the hospitality sector will bring a slew of complications, one of the most pressing being whether businesses should consider barring entry to any patrons who aren’t vaccinated.
On March 19, the Clevelander South Beach announced it was temporarily closing its food and beverage operations at least until March 24, citing concerns over the safety and well-being of staff and patrons as the ongoing COVID-19 pandemic collides with Spring Break in South Florida.
Alex told the Daily Business Review that management made the decision to close on Friday, after a police crackdown on Collins Ave. resulted in disorder on the streets in the immediate vicinity of the hotel.
“It had been bad for days and it continued to be bad,” Alex said. “Yes, this is spring break and this is a weekend and it’s going to cost our client a lot of money in revenue. But, first and foremost, we don’t want people coming if it is not safe.”
The JESTA Group-owned establishment will decide whether to reopen on March 24 or remain temporarily closed, according to a memo from its management team, which said “employees have our full support and shall be paid their full salary during this period.”
The Clevelander is not alone. Other businesses have also temporarily closed. Alex believes that a fresh legal dilemma is brewing.
“We’re quickly getting to a point where there’s going to have to be some determination made by businesses about whether they restrict entry to people that only have vaccines or not,” Tachmes said. “That’s clearly looming as the next large legal question in terms of access to establishments.”
Related News Links
- "Clevelander reopens after temporary closure due to safety concerns," RE:MiamiBeach (March 27, 2021)
"The Clevelander to re-open, offering ‘controlled environment’ spring break events," Local10.com (March 23, 2021)
- "Spring Break Chaos on Miami Beach: Just A Blip for CRE," Bisnow (March 23, 2021)
- “SWAT teams break up Spring Break crowds; Miami Beach declares state of emergency,” Good Morning America (March 22, 2021)
- “Miami Beach restaurants impacted by COVID face new obstacles with 8 p.m. curfew,” Local10.com (March 22, 2021)
- "Clevelander South Beach will temporarily close restaurant, bar to public due to unruly spring breakers," South Florida Business Journal (March 19, 2021)
- “Iconic South Beach bar temporarily closes to protect staff after wild spring break nights,” Local10.com (March 19, 2021)
"Clevelander Closure Foreshadows 'Next Large Legal Question': Businesses Requiring Vaccination," Daily Business Review (March 19, 2021)
About Alexander I. Tachmes
Alexander I. Tachmes is a partner in the Miami office of Shutts & Bowen LLP, where he is Chair of the Land Use and Government Relations Practice Group and a member of the Real Estate Practice Group. Alex also is firm-wide Chair of Shutts & Bowen’s Covid-19 Response Team, which is comprised of lawyers from each major practice area affected by the pandemic, including real estate, tax, labor and employment, financial services and creditor’s rights. A Martindale-Hubbell AV® rated attorney, Alex concentrates his practice on governmental matters, including land use and zoning, public-private transactions, competitive bidding and lobbying, and commercial real estate transactions, including hospitality matters.