Marietta Responds Legally To The DORA Lawsuit

MARIETTA, OH – Last month Marietta's DORA (Designated Outdoor Refreshment Area) legislation became active. This means that businesses in downtown Marietta that hold the proper state liquor licenses are now licensed to sell alcoholic beverages in designated cups, during designated times, that may be taken outdoors within a designated boundary. Marietta Main Street has been granted authority to sell the designated cups, but the owner of TLV, Ari Gold, has filed suit against them. His lawsuit names The City of Marietta, Marietta Main Street (Restore Marietta, Inc.), and Marietta Main Street Executive Director Christie Thomas as defendants in the case.

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Gold claims that he shouldn't have to go through Marietta Main Street and pay a dollar a cup to participate in the DORA. He said Marietta Main Street shouldn't have the authority to impose restrictions on the DORA that are not outlined by law. He also said that because they are the sole source for DORA cups they have achieved monopoly status, and that the City of Marietta has allowed this to happen.

This week, attorneys for the defendants have filed responses to the suit. Gold’s corporation, Emanuel’s LLC, has filed for injunctive relief, attorneys for the defendants are asking for the suit to be dismissed. For injunctive relief to be granted the court has to examine whether the lawsuit is likely to prevail on merits, whether the plaintiff will suffer irreparable injury if not granted, whether third parties will be unjustifiably harmed without an injunction and whether the public interest will be served by the injunction. The defendants say none of the above can be established.

The legal response to the monopoly claim is that Marietta Main Street is a non-profit organization aimed at improving the City of Marietta. That the City of Marietta and Marietta Main Street were partners in creating the DORA, and that Marietta Main Street’s assistance is essential in administering the DORA. They say a monopoly claim cannot be established and that the city’s conduct is within the broad authority granted by the state. They say the city's official cup requirement isn't an unreasonable restriction on trade. They claim the city and Marietta Main Street are immune from antitrust laws in this case.

Gold's original lawsuit claims that Marietta Main Street doesn't have the authority to impose additional restrictions on participating DORA businesses. The defendants claim that the city's partnership with Marietta Main Street is not improper. They also claim that the way they regulate the DORA is in the best interest of the city, and Marietta Main Street. They argue that if Gold were to participate in the DORA under the terms he seeks, it would effectively end the DORA.

The original lawsuit claims that Marietta Main Street intentionally left Gold’s business out of a private email chain that included necessary information to participate in the opening weekend of the DORA. The defendants' response is that Gold had the relevant information, and has always been permitted to participate in the DORA but has chosen not to.

All three filings claim the lawsuit will fail. One concluded, "This Court should not permit Plaintiff to ruin DORA for everyone, based upon its own personal grievances." It claimed the DORA is working, attracting visitors and residents alike downtown. It also argued that Gold "Simply wants to play by his own rules, not the rules duly enacted by the City in accordance with Ohio's DORA statute."

We will know whether the court feels that the lawsuit has merit next week.

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