Lynn bar owners will fight closing hour order in court

LYNN – On the same day that city bars are ordered to begin shutting down one hour earlier at 1 a.m., several bar owners are prepared to fight the decision in court Jan. 2.The Licensing Board unanimously approved rolling back the hours from 2 a.m. to 1 a.m. after a public hearing on Dec. 20.Two other public hearings were held prior to the decision, including a court-ordered hearing on Nov. 28 that followed allegations that the Board violated the state open meeting law during an October meeting.Attorney Frederick Riley, who is representing the bar owners, said they have decided to press forward with the lawsuit because they are still frustrated with the way the decision was handled.?The plaintiffs are prepared to ask the judge to expedite the discovery within 30 days to allow us to take the deposition of the key decision making players on the rollback, meaning the mayor (Edward J. Clancy Jr.), Licensing Board and the Lynn Police Chief,” he said.Riley said the owners are frustrated and determined to contest the decision.?I think the plaintiffs feel that that the decision was not based upon the dictates of the law,” he said. “There were some very honest, persuasive and sincere testimonies during the hearing (Dec. 19) and they feel that they were totally ignored.”Despite the appeal, Riley said the plaintiffs must abide by the new 1 a.m. closing time and they are prepared to do so.?They?re not very excited about that,” he said. “One or more of the bars have told me that they may go out of business because of the time change, so they are looking into that possibility.”Riley said he anticipates that it may take up to one or two years to determine the outcome of the appeal in court.During the last hearing, Riley asked the Board to grant a six month grace period so he could work with the Alcoholic Beverages Control Commission (ABCC), Clancy, the Lynn Police, the Board and city solicitor.Licensing Board Chairman Dick Coppinger denied the request and said it was simply time to move forward.After randomly reviewing 100 of the 351 police reports the city supplied to Riley from 2005, 2006, and 2007, Riley said the majority of the incidents came to police prior to 1 a.m.In addition, he said 35 percent of the calls were made between 1 a.m. and 2 a.m., with 3 percent after 2 a.m.