City of New Orleans sued by local bar slapped with nuisance violations, attempt to deny alcohol permit

By Max Schramel | Jan 23, 2015

NEW ORLEANS – A New Orleans bar has taken legal action against the City of New Orleans in a fight over numerous violations it claims it was falsely accused of by the city.

Sabrina Carter, Nakesha Ross and Cozzy Spot LLC filed suit against the City of New Orleans in the Orleans Parish Civil District Court on Nov. 17.

On July 25, 2014, the City of New Orleans took action against Cozzy Spot filing a nuisance petition as well as beginning proceedings to deny an alcohol permit. The city accused the bar of illegally running an outdoor patio area, illegally employing a felon and breaching numerous noise ordinances.

As a result, the City of New Orleans has handed down a series of requirements including prohibited use of the patio area without a permit, banning the alleged felon from working at the bar and applying new noise ordinance rules. The plaintiffs argue that because Sabrina Carter, the alleged felon, was not included in the nuisance petition that all judgment passed against her serving should be void. 

Prior to the delivery of the petition the plaintiffs allege they were not given a fair opportunity to demonstrate compliance to retain their license. They further contend that the City of New Orleans allegedly failed to notify the police to file an affidavit with the alcoholic control board, which purportedly wasn’t completed.

The patio, the plaintiffs say, is legally licensed and permitted. Thus, the result of the city’s petition constitutes a failure to allow Cozzy Spot its due process rights on the state and federal level.

The plaintiffs are represented by Edward R. Washington III of The Washington Law Group LLC.

The case has been assigned to Div. N Judge Ethel S. Julien.

Case no. 2014-11060.

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