Tuesday, November 24, 2009
News Gidewon nightclubs hit by legal challenge
Posted by Scott Henry @ScottTheHenry on Tue, Nov 24, 2009 at 11:18 PM
You may already know that Steve Brodie, the former District 6 Council candidate, took a few moments away from his campaign to file a lawsuit seeking to block Mayor Shirley Franklin from granting a liquor license to the proposed SPI Club.
Consider this an update.
Last Monday, the case went to Fulton Superior Court Judge John Goger, who did not issue the temporary restraining order that Brodie was seeking, but he did give the Midtown-based opponents to the clubs an unusual concession.
Goger ordered that, when the city issues the necessary inspection letters — from the bureau of buildings, the health department and the fire department — Brodie and his attorneys will have 30 days in which to review them before the mayor can grant the liquor license.
Typically, once those letters are received by an applicant, the liquor license is in the bag. So how will a few extra days help the Midtowners?
"The purpose of the lawsuit is clearly to stop the club from opening," says DeWayne Martin, lawyer for the Gidewon brothers, who are behind the SPI Club. "So we expect them to find some reason to challenge the permits."
Brodie's already laid out a couple possible points of attack. For one, he says, the club's not in compliance with parking requirements. But I'm told that opponents believe their best bet lies in challenging the size of the two club spaces, which are separated by an interior wall.
Opponents secured a court order a couple weeks back allowing them inside the building to measure the space. Brodie's attorneys have already argued that the clubs exceed the maximum of 10,000 square feet allowed for a new nightclub, but Martin says that claim isn't justified.
"We believe that, factually and legally, we'll be in compliance with the building and alcohol codes," he says, adding that contractors are still working on the clubs' interiors.
However this plays out, it sounds as if no one should plan on celebrating New Year's Eve at the SPI club.
(Photo by Joeff Davis)
Comments (6)
Showing 1-6 of 6
The license review board already reviewed the case and found no legal reasons to deny the liquor license. A survey will be done and determine that the clubs are under 10,000 square feet. If they are slightly over 10,000 sq. feet as Brodie claims, the Brothers will claim it is because construction has not ended and they will add one interior wall to slightly decrease square footage. Parking is an issue but not that big of an issue. The big question is will it be open by new years, which has always been their target date, or if Brodie will be able to drag it on for another couple weeks. Its not the first time he has gone to the courts to fight a loss.
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That is why elections have consequences. The 30 day delay will probably put everything into January and the new administration. Kasim would sign it in a heartbeat. Mary???? Which sums up the whole election. Kasim will continue the politics as usual, Mary????
AH: The mayor basically has to sign it if all the documents are in order. If not, there will be a (fairly easily won) lawsuit against the city.
I, for one, would like to see the club NOT OPEN. I'm sick of rich folks getting richer. $17 for a martini. Who can afford this anymore. This club will open, no one will be able to afford it, and it will close and leave a big empty space. Great. more real estate destitution on ptree. Besides, another bourgeoisie bs night club? Big effen deal. Can we have more local spots for workin-class folks like myself? Now, if the club has no cover and sells $2 PBR, I'm in. Yall can dress up as much as you like, let's all get together and put a few down and shake our money makers. Keep your elitist too-expensive-for-the-rest-of-us club in your pants.
I opposed the club, until I read Poboi's post. Seriously, if the Gidewon's have behaved legally and the local opposition failed to convince their politicians, let them open. If the Gidewon's did not follow the process, too bad for them. If the process did nto work for their opponents, too bad for us.
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