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Florida dog bar facing legal battle
A dog bar in Tampa says the state is engaged with a legal battle with the state over specific regulations.
TAMPA, Fla. - A panel of appeals judges in Tallahassee will hear arguments on Tuesday about animals in bars that could have major ramifications for dog bars across the state.
At the center of the case is Pups Pub, a popular dog bar with locations in Tampa and Orlando, which sued after receiving a cease and desist letter from the Orange County health department.
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"Despite the fact that the Department of Health in both Hillsborough County and Orange County approved our initial inspections, as well as three routine inspections from the Department of Health in Tampa, all of a sudden they change their position on permitting dogs inside dog bars," said Pups Pub Co-Owner Alex Wright.
Wright says inspectors he worked with at the local level repeatedly explained the animal standard for Florida’s food hygiene code (rule 64E-11.003(6)(c)) only applies to businesses that prepare and sell food, which Pups Pub does not. He also says he installed gates to keep dogs out of bar service areas, per health inspector rules.
The code states, "Live Birds and Animals – No live birds or animals, excluding crustacea, shellfish, and fish in aquariums, are allowed in a food service establishment, in vehicles used for transporting food, or in any other area or facility used to conduct food service operations."
According to the Florida Department of Health, though, dogs are not permitted inside a business where anything consumable is served, even ice, which is extremely problematic for a dog bar.
Wright says the state is misinterpreting their own food regulations.
"The Department of Health at the Tallahassee office just decided that despite we being in a bar/lounge category, because we do not serve or prepare food, that because we have ice fall we fall under a food service establishment in the state of Florida, which is completely unheard of, and found to be an un-adopted rule," said Wright.
Last summer, a judge agreed, ruling in favor of Pups Pub, but the state appealed the decision.
Wright is hopeful he’ll prevail once again, allowing him, and the dozen or so other dog bars across Florida to continue operations.
Pups Pub continues to provide pooches and their human companions a place to hang, hosting popular events like annual Puppy Bowls featuring adoptable locals, weekly Trivia Nights, and an upcoming Valentine’s Day matchmaking event for pup-loving singles.
But the ongoing battle has been costly. The small business owner says he’s already racked up over $100,000 in legal fees while fighting to keep his business model.
A judge ruled that the state must cover those costs, but Pups Pub won’t see anything until there’s a final resolution.