) Metro Public Works then decided to hold a hearing on TPG's appeal. On June 8, 2017, TPG timely appealed the Commission's valet application denial. 1-11.) Plaintiffs allege that a representative from Metro Public Works also orally informed them of the decision, and, when Plaintiffs asked for a reason supporting the decision, none was provided. at 8-9.) Metro Public Works denied TPG's request, stating that parking was not allowed on Church Street or 14th Avenue. ) Accordingly, in May 2017, TPG filed its initial application to Metro's Public Works Department for permission to operate a valet service on 15th Avenue North to service Deja Vu. ) Deja Vu alleges that a properly run valet service contributes to the orderly flow of traffic and is necessary to attract high-end patrons. 1 at 8.) Deja Vu chose TPG in part because it was an established valet service business with no history of sanctions from the Metro Traffic and Parking Commission (the "Commission"). In conjunction with operating their new location, Deja Vu entered a written agreement with TPG to provide valet services for the club. ) Finally, a spokesperson from Nashville Metro Police Department stated that additional patrols would be added to respond to the complaints. at 2.) Mike Durham, general manager and vice president of Deja Vu, disputed the allegations. at 1-2.) In the same article, O'Connell also stated that he had seen video footage of a drug deal conducted near Deja Vu's new establishment. 1-10.) In the article, Lee Molette, a local developer who supported the Ordinance, commented that Deja Vu patrons were using drugs, dropping liquor bottles and other litter, and parking illegally on his and other nearby properties. In June 2017, a local newspaper, The Tennessean, published an article entitled "New Deja Vu strip club on Church Street quickly draws complaints." (Doc. Publicly withdrew the Ordinance, and, in May 2017, Metro's Sexually Oriented Business License Board approved a license for the operation of Deja Vu's new club at 1418 Church Street. 1-7.) Ultimately, in October 2016, O'Connell 1-6.) O'Connell hoped that the Ordinance would trigger a larger conversation about adult entertainment in Nashville and would refocus these adult entertainment businesses away from downtown Nashville. BL2016-350 (the "Ordinance"), which sought to eliminate "adult entertainment" as a permissible land use for the zone where Deja Vu sought to operate its new establishment. at 6.) After Deja Vu purchased the property, Metro Council Members Freddie O'Connell and Bob Mendes introduced Ordinance No. at 5-6.) In the summer of 2016, Deja Vu entered into a purchase agreement for a location at 1418 Church Street, Nashville, Tennessee, which was zoned for "adult use." ( Id. 1 at 2.) In early 2016, Deja Vu sold its original location at 1214 Demonbreun Street, Nashville, Tennessee to third-party developers and began relocation efforts. 36) will be denied as moot.ĭeja Vu is a Nashville business engaged "in the presentation of female performance dance entertainment to the consenting adult public." (Doc. 17, 25) will be granted and Schipani's Motion to Strike (Doc. For the following reasons, Defendants' and Schipani's Motions to Dismiss (Doc. 26, 28, 39), to which Defendants have replied (Doc. 1 Deja Vu of Nashville ("Deja Vu") and The Parking Guys ("TPG") (collectively "Plaintiffs") have filed responses to the instant motions (Doc. 36), in addition to Metropolitan Government of Nashville and Davidson County ("Metro") and Freddie O'Connell's (collectively "Defendants") combined Motion to Dismiss (Doc. Pending before the Court are Linda Schipani's Motion to Dismiss (Doc. CRENSHAW, JR., CHIEF UNITED STATES DISTRICT JUDGE Crumlin, Jr., Bone, McAllester & Norton, PLLC, Daniel A. Brooks Fox, Metropolitan Legal Department, James A. Hoffer, Shafer & Associates, P.C., Lansing, MI, for Plaintiffs. Bob Lynch, Jr., Nashville, TN, Matthew J.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |