Council Overrides Mayor's Veto Of Restaurant District Ordinance

CANTON, GA — The one-year trial period of Canton's restaurant district will move forward, as the City Council at its Sept. 20 meeting voted to override Mayor Gene Hobgood's veto of the ordinance establishing the district. Residents visiting certain licensed establishments will be allowed to carry out a single serving of alcohol within a particular area in downtown Canton.

Several residents once again spoke on the topic of the district and the veto, which came before the City Council at the height of the Cherokee County School District's September break. The scheduling conflict forced Councilman Nick Estes, the proponent of the district, to rearrange his previously planned trip to Florida, so he could return to Canton for Thursday's vote.

The ordinance, which was originally approved at the Sept. 6 Council meeting, allows patrons carry out adult beverages from establishments within the district from 5 p.m. to 11 p.m. Fridays and Saturdays. The city's trail period will go into effect Oct. 1, and will last until Oct. 1, 2019.

One unincorporated Cherokee County resident, Brittany Rogers, accused Councilman Estes of violating the city's ethics code with his proposal, as he is an owner of Stout's Growlers and stands to benefit from the district's creation. She noted she believed the proposed district should have been put on the ballot for voters to decide.

Horace Smithwick, another unincorporated Cherokee County resident and minister at Sutallee Baptist Church, said his father took his life because of "alcohol and drugs," and his sister died in an automobile accident when she was hit by a drunk driver. Smithwick said he was against alcohol "in any form."

"The more you make alcohol available to people, the more tragedy happens in the lives of families," Smithwick said.

Stephanie Forte, owner of Junk Drunk Jones, said she and her fellow entrepreneurs are in support of the ordinance because it has the potential to increase commerce and foot traffic throughout the district.

Stephen Sanders, the unincorporated Cherokee County resident who filed an ethics complaint against Estes, said he challenged the Councilman's actions because "I think it was the right thing to do." He also said he believed he found something that's "worse" than the alleged ethics violations, and he believes the Council possibly violated the state's Open Meeting Act with its handling of the proposal.

Sanders, who did not provide details about what he said he discovered, also said Estes lacked integrity, and accused the councilman of acting irresponsibly by plastering his home address and name on his Facebook page. It should be noted that the city's agenda for the Sept. 17 ethics committee hearing has a copy of the complaint filed by Sanders, and that document includes his name, his full address and details about his complaint.

Gary Lamb, a Canton minister, said he has lived in the city for 15 years and has never been more embarrassed to be a resident. Instead of the city making sure its actions line up with its Canton Forward slogan, Lamb said it "seems like we are Canton backwards." As a minister, Lamb said he's been able to sit beside people who take their last breath moments before they die, an action he refers to as a "death grunt." Some members on the City Council, Lamb said, are getting that "death grunt," as it's clear that they are losing control over what they believe is the path Canton should take towards the future.

"I’m shocked that people on this Council who’ve done such great work for our city, who have built a phenomenal legacy in our city, are willing to destroy their legacy over what appears to be a personal grudge and a personal vendetta," he said.

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Another Canton resident, Melissa Harbers, criticized Hobgood for comments he made about Estes following the Sept. 6 Council meeting. Hobgood was allegedly heard through a microphone as referring to Estes as a "squeaky wheel" during comments made outside the regular order of business. She also took Councilman Jack Goodwin to task for his assertion that Estes should not be voting on matters related to downtown Canton when his relative, Debra Goodwin, is the registered agent of Sweet Pea 3D/4D Elective Ultrasound at 160 North Street.

Bill Kell, whose family owns Downtown Kitchen, Queenie's Southern Restaurant and Goin' Coastal as well as a commercial building, also challenged Mayor Hobgood's claims that the restaurant district was not approved in a transparent manner. He noted the city's smoke-free ordinance for downtown was on the agenda only once — the May 17 meeting — and it was approved the same night it first appeared for public review. That ordinance was only discussed as a proposal by Goodwin at the March 15 meeting, but it appeared as an action item at the May meeting.

“I don't know how you do that and complain about this," Kell said.

Ari Durham, however, said he was embarrassed at how fast the ordinance was approved. He noted the city should take a step back and give residents more time to learn about the district. He also questioned why Estes was allowed to vote on the matter when, according to Durham, he will have a direct financial benefit on the district.

Durham, a Woodstock native who now lives in Canton, said he recently paid a visit to Copper Coin Coffee on Chambers Street in the former city's downtown district. He noted he had a pleasant time soaking in the atmosphere of downtown Woodstock.

“I didn’t need alcohol to enjoy it," he added.

The Council members who voted in favor of the district — Bill Grant, Sandy McGrew, Nick Estes and Jo Ellen Wilson — did not make any statements during Thursday's meeting. However, Councilman Farris Yawn, who voted against the district, said he believed overriding the veto was the right thing to do, as the Council has made its position clear on the proposal. If the proposal were to come back before the body, Yawn said he would vote no again, but he said he "does not agree with dragging this out any further."

"I believe we need to move forward and make the best of what we have," he said.

For his part, Goodwin said he didn't believe the city should be in a rush in going ahead with the ordinance because things could happen that the city may regret.

"If it costs one life, that's too much," he said. "That's been my concern."

Hobgood said he harbored no personal animosity in his opposition to the ordinance. He said he and his fellow Council members are good people who are working on behalf of Canton in an environment that's "not so forgiving." However, he did say there a few people who have been vengeful and disrespectful, and have acted in a threatening manner towards Council members.

The City Charter provides the mayor with the power to veto ordinances, and Hobgood said it's been used on rare occasions. As mayor, it's his obligation to weigh both sides of an issue and to make sure the City Council is "absolutely certain" that they want to embark on a particular path, Hobgood states. The veto power, he said, is only designed to ask the City Council to reconsider an issue. Along with not providing a provision for police enforcement and public restrooms, Hobgood said he vetoed the ordinance because he didn't believe it wasn't approved in a transparent manner.

“This is a very important issue and that is something I'm not proud of," he said of the transparency argument.

The ordinance, he adds, is not needed, as the city has a special events permitting process that allows for open containers. He rhetorically wondered if it was asking too much for the Council to start the process over and provide the public ample time to comment on and soak in the proposed change. Following the council's vote, applause broke out and Hobgood used that moment to remind residents how the "weak veto" method works in Canton.

“This is how our system works," he said of the Council's override.

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