Jane Doe V. Miami Gardens Square One, Inc.

Case Background

On September 12, 2023, Plaintiff Jane Doe filed a workplace discrimination lawsuit in the United States District Court, Florida Southern (Case number:  1:23cv23497). This case was assigned to Judge Beth Bloom and referred to Ch. Magistrate Judge Edwin G. Torres.

Cause

On May 20, 2022, Jane Doe visited Tootsie’s Cabaret, a strip club in Miami, to ask about employment as an entertainer. A manager named Christian hired her without requiring an audition. The next day, she filled out new hire paperwork. Another manager, Fernando Otero, gave her a tour of the venue. During the tour, Otero pointed out that the VIP rooms had no cameras. He then made a suggestive comment, implying that illicit activities were expected in those rooms.

Shortly after starting work, Doe experienced a hostile work environment. She alleged that patrons and managers coerced her into unwanted sexual activities. The strip club’s setup and management practices encouraged misconduct. Employees regularly directed entertainers and patrons into secluded VIP areas. Despite knowing about the workplace discrimination and harassment, Tootsie’s management failed to intervene or take corrective action.

Injuries

Doe suffered both physical and emotional harm due to the strip club’s negligence. She experienced anxiety, depression, and humiliation. She also reported loss of sleep, extreme emotional distress, and fear for her safety. The workplace discrimination and trauma caused long-term psychological damage.

Damages

Doe sought compensation for lost wages, emotional distress, and physical pain. She claimed that the strip club’s negligence destroyed her career. She also requested damages for medical expenses, reputational harm, and diminished quality of life. Additionally, she demanded punitive damages, arguing that the defendant acted with reckless disregard for her rights.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Jane Doe
    • Counsel for Plaintiff: Kristen Pleszewicz | Caroline Hope Miller
  • Defendant(s): Miami Gardens Square One, Inc., doing business as Tootsies Cabaret Miami
    • Counsel for Defendants: Gary Scott Edinger | Avery L. Larson | Benjamin W. Allen 

Claims

Doe filed multiple legal claims against Tootsie’s Cabaret, including:

Negligence – The strip club failed to provide a safe work environment and allowed workplace discrimination, harassment, and assault.

Intentional Infliction of Emotional Distress – The strip club engaged in extreme and outrageous conduct, causing severe emotional harm.

Sex Trafficking Violation (TVPA, 18 U.S.C. § 1591) – The strip club allegedly benefited from a commercial sex venture involving coercion.

Retaliation – Doe faced negative consequences after reporting misconduct.

Defense

The defendant, Miami Gardens Square One, Inc., denied all allegations. It argued that Doe was not an employee but an independent contractor, which invalidated many of her claims. The strip club maintained that it took reasonable steps to prevent misconduct and that Doe failed to use any corrective measures available. It also claimed that third parties, not the strip club, caused any harm she suffered.

The defense raised several legal arguments, including failure to state a claim, lack of jurisdiction, statute of limitations, and failure to mitigate damages. It asked the court to dismiss the lawsuit and deny Doe any relief.

Jury Verdict

On February 3, 2025, the jury ruled in favor of Tootsie’s Cabaret. It determined that Doe was not an employee of the strip club. It also found no negligence on the club’s part that legally caused her injury.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com