Miami Beach tells restaurant sax player to can it. Owner says: ‘Free speech!’

It’s “Footloose” in Miami Beach.

Earlier this month, a city code inspector told a brunch-time saxophone player at a trendy restaurant in South Beach to take five.

You see, only “non-amplified piano and string instruments” are allowed to serenade diners in the Beach’s South of Fifth neighborhood, city code says. So the sax music had to stop.

Now, feeling kind of blue, the owners of Bakehouse Brasserie are suing the city in civil court, claiming the ban on brass, woodwind and percussion instruments infringes on their constitutionally protected right to free speech.

The ban constitutes “an unreasonable restraint on protected speech or other expression protected by the First Amendment,” according to a lawsuit filed last week in Miami-Dade Circuit Court.

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