By Jessica Vallejo

BROWARD (CBSMiami) – Broward county is under a holiday curfew. But one attorney says it has no teeth.

“This is our first wave. You can see right now, we are in our second wave. We are very concerned about this because our biggest concern is hospital city,” said Broward County Mayor Steve Geller.

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It was on Wednesday when Geller issued the curfew after discussing on a call with mayors from Broward County  cities.

He said cases had increased 20% since Thanksgiving and hospitals are seeing more patients.

“We can fine them or we can shut them down. If it’s an individual that is violating the orders, we are not going to be arresting people, but they will receive civil citations,” said Geller.

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However, attorney Bradford Cohen said that is not the case.

“Essentially, they are saying they will enforce this ordinance, like it was the old ordinance. Even though this ordinance has no relationship to shutting down businesses. The ordinance itself is in regards to individuals being out on the street after curfew, which they cannot enforce. The governor strictly put in his order that no fines can be levied on individuals or COVID ordinances,” he explained.

Cohen said his office has received calls from 15 businesses that have been threatened to be shut down.

On Christmas Eve, people were out and about on Las Olas. Business owners hope curfew is lifted.

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“There is no difference in us being slammed at 9 o’clock then us being slammed at 12 late night,” said Nicholas Senneca, restaurant manager of El Camino.

Jessica Vallejo