Jazz Daiquiris suing over alcohol permit denial
Kyle Barnett Nov. 15, 2012, 12:15am
Edward R. Washington
NEW ORLEANS – A New Orleans-based bar and its owner are suing the city for denying an alcohol permit.
Jeffrey Thomas and Mattech filed suit against the City of New Orleans in the Orleans Parish Civil District Court on Sept. 26. Thomas claims he bought Mattech and Jazz Daiquiris located at 3400 N. Claiborne Ave. in New Orleans from its previous owner.
The plaintiff alleges there was an alcohol permit moratorium that was in effect at the time of sale, which would not allow for new alcohol permits to be issued in the part of the city in which Jazz Daiquiris is located. Thomas asserts that the moratorium should not be applied to his business since the business already had an alcohol permit and the new permit was under the same business name, but only had a different owner.
The defendant is accused of disallowing the previous owner of the property from selling the property together with its "grandfathered" alcohol permit, going against its own law which allows the continuance of existing use for properties that were rezoned and unconstitutional and unlawful conduct.
The plaintiff seeks a preliminary and permanent injunction against the denial of the alcohol permit.
Thomas is represented by Edward R. Washington of the New Orleans-based the Washington Law Group.
The case has been assigned to Division J Judge Paula A. Brown.
Case no. 2012-09156.