THE DRAG SHOWS AT THE PALACE ON OCEAN DRIVE HAVE BEEN AROUND FOR DECADES, BUT STILL CAUSE A STIR. WILL THEY BE ALLOWED TO CONTINUE? FILE PHOTO BY MICHAEL MENCHERO

Cirque du SoBe?
City Wants Palace Drag Shows to stay, Residents Fear a Potential Circus

By Angie Hargot

The now defunct ‘Cabaret District’ that once existed on Ocean Drive may have a new booking after city officials all but vowed on Monday to come up with a way to resurrect the concept.

At the June 21 meeting of the Miami Beach Land Use and Development Committee, commissioners and staff discussed a proposed ordinance that would allow outdoor entertainment and performance at establishments between Eighth and 13th Streets.

An issue that became increasingly controversial because of the nature of one particular establishment’s performances, the measure has become one of the most embattled in recent history, raising cries of favoritism in city government, constitutional challenges and allegations of homophobic prejudice.

Last week, in a memorandum to committee members, City Manager Jorge Gonzalez explained a proposed ordinance which would create a five-block district where businesses with sidewalk cafés could be licensed as outdoor entertainment establishments.

Limitations would apply to the new district, however, including a maximum of one per block, a ban on amplification systems, a requirement for adequate crowd control measures that allow a clear path down the sidewalk, and a ban on the soliciting of tips, although performers would 
still be allowed to accept them.

Board members acknowledged that the item is really designed to address a problem with one particular establishment: the Palace Bar at 1200 Ocean Drive. Although the shows have gone on for decades at the venue, the Palace’s drag performances have inspired an uproar by two neighborhood factions concerned with the boisterous nature of the performances.

During the shows, drag queens sing and lip-sync songs played from within the bar, while periodically rendezvousing throughout the crowds which gather outside.

Some detractors say the performers block foot and street traffic. Others, such as the neighboring Tides Hotel at 1220 Ocean Drive, say they are concerned about noise.

Over the last two years, the Land Use committee and Planning Board have discussed the matter several times. Eventually staff designed the proposed outdoor entertainment district.

The problem: with only one establishment allowed per block, it could be argued the legislation is ‘site-specific’ and geared towards allowing just the Palace to operate, which could open up the city to legal challenges.

Concerned with the potential to block the flow of pedestrian traffic down Ocean Drive, on April 27, the city’s Planning Board finally rejected the idea for the district, voting 6-0 with Chair Jonathan Fryd absent, to recommend that the full City Commission not adopt the ordinance.

On Monday, however, the Land Use and Development Committee was given another chance to consider moving the ordinance forward.

Mango’s café owner David Wallack spoke against the district, as a representative of the Ocean Drive Association and as a business owner who no longer allows Mango’s performers on the sidewalk, saying once the dancers exit the property, the situation can’t be controlled.

“If you come out for more than 30 seconds, it’s impossible to stop [blocking] the flow of traffic on the sidewalk,” Wallack said. “This is an absolutely poor ordinance.”

Wallack asserted that outdoor performances should be restricted to big events when Ocean Drive is shut down to vehicular traffic, such as during the recent Super Bowl celebrations.

Ocean Drive resident Morris Sunshine agrees that the ordinance is a bad idea, asserting that it would create entertainment anarchy — not far behind would be “fire-dancing and lion-tamers,” he said.

Sunshine also asserted that the proposal is specifically tailored to allow the Palace’s performances to continue, adding if the ordinance passes “I wouldn’t be surprised if there were sword swallowers” on Ocean Drive, he said.

Tides attorney Amy Huber argued that in addition to the question of pedestrian flow, planners hired by the hotel insist that the ordinance is inconsistent with the city’s comprehensive plan, and lacks standards for enforcement and compliance.

“Nobody has analyzed what effect it will have,” Huber added.

The ordinance has many supporters, however, many of whom sit on the Land Use board and Commission.
“These shows have been going on since I was in law school — at least 20 years,” board member and City Commissioner Michael Gongora said, adding that “unique” performances such as the ones at the Palace have brought notoriety and much-needed tourism dollars to the city.

Gongora added that he attended some of the shows at the Palace after the complaints began filtering in, paying particular attention to the issues raised. “There was not a problem with public right of way” and pedestrian flow, he said. “We’re not approving something new.”

Although City Attorney Jose Smith remained tight-lipped about plans that wouldn’t be successfully challenged by The Tides or any other complainant, “I’m confident we can come up with an ordinance that passes muster,” he said.

Commissioner Jonah Wolfson said he was interested in finding a solution to the problem of the amount of code violations given to the establishment, however, the board agreed the ordinance needed further tweaking by the city’s legal staff, and deferred the item to the next meeting of the Land Use committee, scheduled for July 26 at 4 p.m. at City Hall, 1700 Convention Center Drive.

“I would like to look into a way to memorialize or legalize something that I think is an important part” of the city’s history, Gongora said.

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