Agenda 02/09/2021 Item #12A (Seed to Table mask dispute update)02/09/2021
EXECUTIVE SUMMARY
Report on the status of the Seed to Table mask dispute.
OBJECTIVE: To report on the status of the Seed to Table mask dispute.
CONSIDERATIONS: This report is made at the separate request of Commissioners Taylor and
Saunders.
Background
On July 21, 2020 the Board enacted a Mask Order. With limited exceptions, the Order required that “An
owner, manager, employee, customer or patron of a business establishment must wear a face covering
while in that business establishment.” The Order was punishable by a fine not to exceed $500.
On July 27, 2020 Code Enforcement Citations were issued to Seed to Table for violation(s) of the Mask
Order.
Citation CO-02703 issued to Seed to Table included the following Description of
Violation: “Numerous customers and employees without required face masks.”
Citation CO-00179 issued to Seed to Table included the following Description of
Violation: “Employees and patrons without proper face coverings inside the Seed to
Table store.”
Both Citations provided the same two options. Option 1 was to pay a penalty ($105) and ($255)
respectively; or Option 2 was to “contest the violation and submit a written request for a hearing before
the Special Magistrate within 30 days of issuance of this citation.”
The Federal District Court Proceedings
On August 5, 2020, Seed to Table and its owner Francis A. Oakes, III (collectively “Oakes”) filed a civil
complaint (the “Complaint”) against Collier County in Federal District Court for the Middle District of
Florida.
In addition to the County, the Complaint named Commissioners Solis, Saunders and Taylor, individually.
The Complaint alleged a variety of claims arising from the Board’s Mask Order. Briefly stated, the 44
page complaint included 13 causes of action, which among other things generally alleged the Mask Order
was unconstitutional on numerous grounds, was improperly enacted, and that Code Enforcement
conducted an unlawful search of, and trespassed upon, Mr. Oakes’ store, and that the County issued th e
code violations as a retaliation for Mr. Oakes’ political beliefs. Oakes also asserted a claim for attorney’s
fees pursuant to 42 USC Section 1988 based on his claim that the County violated his civil rights.
On August 20, 2020 the Court issued an Order denying Oakes’ request for a Temporary Restraining
Order.
The County was granted an unopposed Motion for Extension of Time to Respond to the Complaint to
allow time for the Board to meet to discuss the Complaint, and to allow the Commissioners who were
individually sued time to retain counsel. Once individual Commissioners retained their own counsel,
counsel for the Commissioners filed Notices for Sanctions demanding that Oakes dismiss the individual
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Commissioners. Oakes thereafter filed a Notice of Voluntary Dismissal without Prejudice as to all three
Commissioners. Oakes then filed an Amended Complaint solely against the County and an Amended
Motion for Preliminary Injunction, followed by the County filing a Motion to Dismiss the Amended
Complaint and a Response to the Motion for Preliminary Injunction. The County incurred $22,566.74 in
legal fees in defense of the three individually named Commissioners.
On September 25, 2020 Governor DeSantis issued Executive Order 20-244 (Right to Work and
Suspension of Fines) which in part suspended the collection of fines and penalties associated with
COVID-19 enforced upon individuals. The Court asked the parties to brief whether this Executive Order
mooted the complaint, and then issued an Order finding 8 of the causes of action to now be moot. Four
causes of action survived the Order:
o 14th Amendment Equal Protection
o 1st Amendment Retaliation
o 4th Amendment unlawful search
o State trespass
On October 22, 2020, the Board issued a new Mask Order which, with limited exceptions, required that
“An owner, manager, employee, customer or patron of a business establishment must wear a face
covering while in that business establishment where social distancing is not possible.” The new Mask
Order made it clear that “In furtherance of Executive Order No. 20-244, citations issued pursuant to this
Order shall be as to businesses only, and not individuals. Violation of this Order shall not constitute a
criminal penalty.”
Oakes filed a Second Amended Complaint on November 24, 2020, and the County moved to dismiss. The
The Second Amended Complaint alleged four causes of action:
- Count I - 14th Amendment Equal Protection
- Count II - 1st Amendment violation of assembly and association
- Count III - Violation of Section 252.46, Fla. Stat. and Ch. 120, Fla. Stat.
- Count IV - Trespass
On January 28, 2021, U.S. District Court Judge Sheri Polster Chappell granted the County’s Motion to
Dismiss the Second Amended Complaint as follows:
- Count I - Dismissed with Prejudice
- Count II - Dismissed with Prejudice as to Oakes Farms, Inc.; Dismissed without prejudice as to
Mr. Oakes’ Individually (Mr. Oakes’ individually was held to lack standing)
- Count III - Dismissed without prejudice; Plaintiffs may refile in state court
- Count IV - Dismissed without prejudice; Plaintiffs may refile in state court
To date, no further action has occurred in this matter.
The Code Enforcement Proceedings
The two code citations issued by the County went before Special Magistrate Brenda Garretson on
November 6, 2020. Prior to the hearing, Oakes filed a motion to Determine Non-Jurisdiction of the
Special Magistrate. The Special Magistrate heard argument and reserved ruling.
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On January 20, 2021, the Magistrate ruled that she did not have jurisdiction to hear the case. Collier
County filed a Motion for Rehearing with the Special Magistrate on January 28, 2021. A hearing date has
not yet been set. The motion for a rehearing stays the County’s time to appeal the decision to the Circuit
Court.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board hear the report of the County Attorney on the status of the
Seed to Table mask dispute.
Prepared by: Jeffrey A. Klatzkow, County Attorney
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COLLIER COUNTY
Board of County Commissioners
Item Number: 12.A
Doc ID: 14918
Item Summary: Report on the status of the Seed to Table mask dispute.
Meeting Date: 02/09/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
02/02/2021 4:19 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/02/2021 4:19 PM
Approved By:
Review:
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/02/2021 4:23 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 02/02/2021 4:33 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/09/2021 9:00 AM
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