City to Club Blue: No, You Pay Up
On Friday, the city of Dallas finally responded to the federal lawsuit filed in October by the owners of Club Blue, who accuse the city of violating "rights, privileges and immunities secured to it by the Constition of the United States." As expected, the city denies any wrongdoing but doesn't deny other things in the suit. For instance, it does confirm that the Dallas police did indeed issue the club a citation in August 2006 "for operating a Class A dance hall between the hours of 2:00 a.m. and 7:00 a.m. without a late hours permit and that Plaintiff's dance hall license was suspended for thirty days on or about August 18, 2006, by the chief of police in accordance with Dallas City Code Section 14-10."
The Noir Brothers Restaurants Inc.'s initial suit also complained that the city's process for granting its dance-hall licenses is unconstitutional. The city also denies that allegation. Says its response, the city "admits that decisions to deny a dance hall license by the Chief of Police may be appealed to the City of Dallas Permit License and Appeal Board, and admits that Permit License and Appeal Board is comprised of residents of the City of Dallas appointed to the board individual members of the Dallas City Council." Far as the city's concerned, that's within the law and then some.
The city is demanding a jury trial and wants Noir Brothers to pay all their attorneys' fees. In other words, this thing may be going the distance. A full copy of the city's filings can be viewed here. In short, don't expect the mayor to be throwing down at Blue on New Year's Eve, when the joint hosts UGK, who will no doubt perform such hits as "I Left It Wet for You," "Like a Pimp" and "Murder." --Robert Wilonsky
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