Legal Question in Legal Ethics in Florida
I work for a bar- in a small conservative town, the "hotel"/"bar"/Inn next door is upset over the fact we have business and they do not, and it slowely gets worse for them. AS a result, in an attempt to make it so we have to have less business- anytime its loud on the decks of our dive bar- they call the police and I the bartendar get a ticket. Under the old ordinace I recieved 10 tickets but the judge threw them out and said the ordinace was unconstittional, but now theres a new ordinace and I have the tickets- the owner isnt the one on trial- just me. I technically could look for another job- but this is the only bar I can work at because I have ASTHMA- Im 40- and looking for a job on this small island is hard- next to impossible.- I have to work to support my family....I am unsure how to go anout this- cant afford a lawyer- and dont want to have to pay all these fines.. or have a court case against me....
2 Answers from Attorneys
The bar owner is responsible for the fines, not you personally. If your name is on the tickets you should contest them. You could ask the bar owner to indemnify you (he holds you harmless, and he pays the tickets). For the future, I would have a written indemnification agreement with the bar owner. It's really not your personal responsibility if you were acting in the scope of your employment and for the business.
I assume there is a noise ordinance on the island that says something to the effect that the operator of the business (or whomever is in charge of the volume control) is responsible for the noise. I also assume a violation resuls in a ticket to criminal court. If that's the case, then Ms. Grosse's answer may not apply. You are responsible for the fine or whatever sentence you receive. If the new ordinance is constitutional (have you challenged it?), then what else can I say but stop breaking the law. What's happening may not be right, but you can't keep getting tickets. You can't work at a place that requires you to break the law. You'll end up in jail eventually, especially if you can't pay the tickets.