TAMPA, Fla. (Legal Newsline) – Real estate rental companies are suing Florida Gov. Ron DeSantis, seeking relief from his order that stopped their business during the coronavirus pandemic.
The lawsuit and motion for restraining order were filed May 7 and take aim at part of DeSantis’ executive order that suspended vacation rental operations. Exempted were hotels, long-term rentals and timeshares.
But the group of plaintiffs who provide short-term rentals calls those exemptions “obvious” contradictions.
“Governors wield the highest state power when confronting a health crisis,” the complaint says. “But ample police powers to administer health, safety and welfare matters do not obviate state officials’ grave duty to safeguard civil liberties.
“The ‘Flatten the Curve’ campaign to avoid hospital overload was within state powers as a legitimate and attainable regime. However, any legitimate action that infringes upon civil liberties must closely target the root of the crisis.”
Executive orders that impose criminal penalties must comply with due process, but that isn’t the case with DeSantis’ order they say, because hotels, resorts and timeshares were allowed to stay open.
“The stated goal of keeping risky outsiders from coming to Florida is defeated in view of capacity-filled RV parks and hotel parking lots filled with out-of-state license plates,” the lawsuit says.
Judge Steven Merryday denied the plaintiffs’ request for an immediate temporary restraining order, opting to give DeSantis’ office time to respond.
U.S. District Court for the Middle District of Florida case number 8:2020-cv-01052