Florida’s Dog Bars Win Legal Battle Against the State

Two Florida bars, Pups Pub Tampa and Pups Pub Orlando, are celebrating after an administrative law judge sided with them in a legal case against the Florida Department of Health. Last year, the department tried to prevent the dog-friendly bars from allowing pets into their establishments, citing concerns about sanitation. However, Judge Lynne Quimby-Pennock issued a 29-page order on Thursday in which she argued that the Department of Health had not revised its rules properly and that the bars had complied with county health department-sanctioned sanitation inspections.

The case revolved around sanitation certificates issued by county health departments, which operate under state oversight. Pups Pub Tampa was granted a sanitation certificate in December 2020 on condition that it did not serve food. The bar took further measures to prevent dogs from confronting the establishment’s drink service by installing a gate. Nonetheless, in June 2022, it was cited for allowing dogs onto the premises. Pups Pub Orlando was issued with a sanitation certificate in July 2022, but less than a month later, it was also cited for a violation. The bars were licensed to operate according to their business model and instructions from county health departments.

Judge Quimby-Pennock ruled that the Department of Health had “interfered with a vested right by an unfair method of administration” by trying to impose a new interpretation of the rule that would prohibit the presence of dogs in bars throughout Florida. The judge noted that county health departments had allowed dog bars to operate successfully in Duval and Palm Beach counties. She also ruled that the department must immediately discontinue all reliance on the revised interpretation of the rule and that the bars could continue to operate with their existing arrangements.

The Department of Health had argued that the prohibition on non-service animals in bars was based on the plain language of an already existing rule, not on the adoption of an unpromulgated rule. However, Judge Quimby-Pennock argued that the department had changed its interpretation of the rule in mid-2022 and that its actions were not consistent with previous processes.

Both Pups Pub Tampa and Pups Pub Orlando continued to operate while the legal challenge was being decided. Despite the confusion, dog-friendly bars are becoming increasingly popular in the US, reflecting the growing importance of pets in people’s lives. Customers can now enjoy a drink in the company of their furry friends at many establishments across the country, although some regions and states do still have restrictions in place.