Residents sue Jefferson Parish to prevent enforcement of early closing ordinance

Michelle Massey Nov. 1, 2010, 10:22am

Several Jefferson Parish residents are suing to keep Jefferson Parish from enforcing a recently passed ordinance that establishes closing times for bars that are not associated with a hotel or restaurant.

Jason C. Jaume, J.O.D. Inc., Michael J. Beecher, Our Kingdom Inc. and Joseph S. Ancona Jr. filed suit against Jefferson Parish on Oct. 22 in federal court in New Orleans.

The plaintiffs argue that Ordinance No. 23881, which was passed on Sept. 22, will impose a large number of burdensome regulations on businesses and restrictions on the use of private property in a randomly-chosen, small area of the Parish.

The lawsuit claims enforcement will cause a number of small businesses to go out of business and will lead to a loss of employment.

The ordinance establishes a rectangle that is bordered by Division Street, Veterans Memorial Boulevand, Severn Avenue and West Esplanade Avenue.

The plaintiffs argue the ordinance violates their due process rights and violates their rights under equal protection clauses.

They are asking for monetary damages for costs and injuries, a declaration that the ordinance is unconstitutional and not enforceable and an injunction preventing the Parish from enforcing the ordinance and an award of interest costs and attorney's fees.

The plaintiffs are represented by Keith B. Hall of Stone Pigman Walther Wittman in New Orleans.

A jury trial is requested.

U.S. District Judge Ivan L. R. Lemelle is assigned to the case.

Case No. 2:10-cv04038

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