Judge denies bar injunction

LYNN – After more than a month of deliberation, a Salem Superior Court Judge has denied a request for a temporary restraining order from attorneys representing bar owners in the city.In a statement Tuesday, Judge Maureen Hogan said her ruling was based upon a failed attempt by the bar owners to show a need for the order.”The court finds that the plaintiffs (bar owners) have not demonstrated a substantial likelihood that they will suffer irreparable harm, that there is a likelihood that they will succeed on the merits of their claims, or that the injunctive relief will not adversely affect the public,” she wrote. “Accordingly, plaintiffs’ motion for injunctive relief is denied.”The order was requested on Jan. 9 by attorneys Joseph Dever and Frederick Riley, who are representing the bar owners.City attorney Vincent Phelan, who is representing the Licensing Board, said the city is pleased with the outcome.”The judge denied every aspect of the request and determined that they (bar owners) have no reasonable likelihood of winning,” he said. “We’re not gloating in any sense, but this demonstrates to the public that what we did is legal and everyone deserves to know that.”The request comes on the heels of the Licensing Board’s unanimous decision in December to rollback bar hours from 2 a.m. to 1 a.m. in December.Since then, bar owners and patrons have rebuffed the decision, held rallies and approached city officials in an attempt to reverse the ruling.Previously, Phelan said the bar owners appeared to be alleging fraud, duress, or undue influence by the Lynn Licensing Board in their motion for a temporary restraining order, and said that their request was a moot point since all allegations of an open meeting law violation were corrected during a court ordered second hearing on Nov. 28.Still, Dever and Riley pursued the restraining order and have requested depositions from Mayor Edward J. Clancy, Jr., Lynn Police Chief John Suslak, and Licensing Board members Richard Coppinger, John Pace, and Michael Phelps on allegations of open meeting law violations.Hogan ruled on Feb. 14 that the depositions take place within 30 days, and that they be limited only to the issue of the alleged open meeting law violation during the series of hearings in October, November and December regarding the rollback decision.Hogan also requested Dever file an amendment of their complaint, specifically addressing allegations of open meeting law violations and reported arbitrary and capricious behavior during the Nov. 28 and Dec. 19 hearings, so that the allegations would be clear.”I honestly don’t know what they’re looking for,” Phelan said. “But I sent out requests to the Licensing Board for dates for the depositions, and for them to send any other documents or information that they have on the issue. Right now we’re looking at the week of March 3.”Calls made to Riley and Dever were not returned Tuesday.