A judge has thrown out three code enforcement violations against Subculture Coffee, but the City of Delray Beach is still prohibiting the popular coffee shop from hosting its community events, according to a letter sent to the owner.
A Palm Beach County Circuit Court judge reversed the city’s orders, ruling that Delray Beach failed to follow its own established rules for such enforcement actions.
WATCH: Parking saga continues
The owner, Rodney Mayo, says just after he paid a separate $10,000 overdue fee and celebrated the court’s decision, he was hand-delivered a letter from the assistant city attorney informing him the events were still not allowed.
“Tuesday I thought we’re all back on and we’re all good,” Mayo told WPTV. “Then I get a hand-delivered letter that says just because you won the appeal, does not mean that you are allowed to do these events.”
The Court’s Ruling
The appeals court found that the city’s Special Magistrate rulings against Subculture Coffee lacked the required written findings of fact and conclusions of law.
According to the court’s opinion, Delray Beach's own operating guidelines mandate these formal sections in all rulings. Because they were absent, the court reversed the orders and sent the case back to the city’s Special Magistrate for proper proceedings.
This legal battle comes after the city raised concerns about overflow parking, arguing Subculture’s popular open mics, poetry nights, and other gatherings make it more of a venue than a coffee shop.
City's Position and Taxpayer Cost
The dispute is now back in the city's hands. Commissioner Juli Casale told WPTV the case is being sent back to be rewritten with the proper legal language.
According to the city attorney, this legal fight has cost Delray Beach taxpayers approximately $22,000 so far.
Mayo, who said his community events have been on pause for a year, expressed frustration.
“I’ve asked over and over why are other establishments allowed to do this and we’re not and it’s been silent,” Mayo said.
Owner Weighs Next Steps
With the case returning to the city, Mayo faces a difficult choice. He said he wants to meet with city officials to clarify which events are permitted.
If an agreement can’t be reached, he said he plans to sue for lost revenue from the year-long event suspension.
“I guess my option is either just to go ahead and do these events, and I’ll probably get code violations again and go through and fight them,” Mayo said. “People, strangers have come up to me, and they say, 'Keep up the good fight, don’t let them win, keep doing the right thing' and you know that’s why I said the post, I’ll chain myself to the espresso machine and sip cappuccinos because you know what they’re doing is just wrong.”
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