SPRINGFIELD, MA (WSHM) -
The city of Springfield is facing a federal lawsuit after several bars claim officials are violating their constitutional rights. It is one of a handful of lawsuits local bars have filed, but unlike the others, this time officials will have to answer to a U.S. District Court judge.
"This particular case is really a more broad-based constitutional attack on the overall process," said Daniel Kelly, an attorney representing all six bars in the federal lawsuit.
It was filed after a process Springfield Mayor Domenic Sarno started in hopes of curbing crime in the entertainment district by having all restaurants and bars approved for a special late-night entertainment license if they want to operate as usual until 2 a.m. with music, TV, games and live performers. But so far, many establishments have been denied the permit, and at 1 a.m. their entertainment is shut off. Now, six bars are taking their frustrations to federal court.
"Essentially, the bars are asking for a restraining order form the court for violation of their first amendment rights," said city Solicitor Ed Pikula.
Pikula said the law department hasn't even been served this federal lawsuit, but it did receive a courtesy copy, filed by Kelly on behalf of the Mardi Gras, Score's, Fifth Alarm, Center Stage, Xstatic and Oz.
"We feel as though the process that was undertaken was not fair to us," Kelly said.
The 16-page suit says the city of Springfield did not follow the United States Constitution because officials violated the bars' first and 14th amendment rights. The suit also claims officials did not follow the letter of the law by not giving a written explanation of why all six bars in the suit were denied their permits.
"I think we have provided all of the requisite notices that were due under law," Pikula said.
Kelly said his clients have the same ultimate goal as officials when it comes to the bottom line.
"In a sense, the city's goal of irradiating crime is aligned with our goal as well," Kelly said. "It helps us to run our businesses more efficiently. I think we both have different views as to how that would take place."
Kelly said his clients are willing to negotiate to find some middle ground. Pikula said a judge will decide, and this issue will have to be settled in federal court.
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