By james art 
Close family members of Hialeah Councilman Jesus Tundidor are suing the city government and former Hialeah Mayor Carlos Hernandez for breaking into their strip club two years ago.
According to the civil suit filed in federal court, the action by Hialeah police at the behest of then-Mayor Hernandez was “in retaliation for the Tundidors’ support of a family member’s unsanctioned candidacy for political office in Hialeah.”
“Using his political machine and the resources at his disposal as mayor, Hernandez acted as a powerful gatekeeper to the seven City Council seats,” the lawsuit states. It was filed by James Tundidor Sr., James Tundidor Jr. and Dulce Tundidor, the council member’s stepmother,
Hernandez told el Nuevo Herald that “for now I have no comment on this. I need to review it so I can give my opinion.
The new city administration, under Mayor Esteban Bovo Jr., said it had just learned of the lawsuit.
“We have to let the lawsuit play out,” said Ismare Monreal, Bovo’s chief of staff. “We will be seeking legal representation, but the city has no firm position on the matter. These are events that happened before our time.”
The lawsuit says there was no warrant or probable cause to justify the attack on July 25, 2019. at the venue, Bellas Cabaret, 885 SE 14th St.
According to the lawsuit, in order to maximize the criminal and political value of the attack, “as part of a human trafficking investigation, the planning and execution were recorded by a camera crew of a local television station and over a dozen officers wearing tactical gear, bulletproof vests” .
“The sensational footage of the illegal operation – which a police chief described as aimed at combating prostitution, human and drug trafficking – was broadcast locally and posted online. The baseless and inflammatory remarks of the commander became a slogan of the political opposition [to Tundidor] which was organized and financed in cooperation with Mayor Hernandez,” the complaint states.
The suit alleges that city inspectors used “unlawful access granted without a warrant” to identify violations, which they later used to shut down the business. The Hialeah Fire Department issued a report detailing 14 fire code violations.
The nightclub was forced to remain closed until January 20, 2020. It then reopened “under strict conditions imposed” by the city, the suit says.
Citing the First and Fourth Amendments to the Constitution, which protect the right to freedom of expression and the right to privacy and the right to be free from arbitrary searches, the suit alleges that both Hernandez and the city of Hialeah violated the owners’ constitutional rights to freedom of expression and against unreasonable searches and seizures.
The Tundidores are seeking damages for lost profits, reputational damage and emotional distress, as well as attorneys’ fees.
Confrontation between Hernandez and Tundidor
Councilor Tundidor began his career in local government in 2017. as a member of the city’s Planning and Zoning Board. Tundidor previously served as senior legislative counsel to then-state Sen. Rene Garcia.
Tundidor wanted to run for council in 2017, but Hernandez refused his support, asking him to wait until 2019, the lawsuit said.
The suit says Tundidor again sought the mayor’s endorsement to run in 2018. The mayor turned him down again, but this time Tundidor went ahead and ran anyway.
The suit alleges Hernandez “actively discouraged” Tundidor from running, “threatened Tundidor’s businesses directly and through intermediaries, and turned his political machine against them using the power and resources of the city of Hialeah.”
Tundidor was elected to the council in November 2019, defeating Luis González, the candidate who was supported by Hernández.
Tundidor is running for a new term this year. The election was due to be held in November, but Tundidor won after no one ran against him when candidate registration closed this week.