Good example of a biased Judge

[Innocent criminal]

Wednesday, April 15, 2009

Sharon Dunn

 

Marijuana leaves are prominent on the Cheba Hut “Toasted” Subs shop’s marketing materials. They’re even posted on the Web site.

 

Articles that mention marijuana are clearly posted as well.

 

And it’s that very theme that will keep the shop from selling alcohol to its patrons in Greeley — at least for now.

 

Greeley’s municipal judge, Robert Frick, acting in his capacity as the city’s liquor licensing authority, denied Cheba Hut’s application to sell alcohol to patrons this week. It is one of three liquor license denials in Greeley in the past 20 years.

 

Owner Scott Jennings, already two months behind on his shop opening at 1645 8th Ave., has hired an attorney to appeal the ruling — Maria Liu, who was on the legal team to free Tim Masters from a wrongful murder conviction.

 

“I think I’m being discriminated against because of that, and it’s affecting my market position. In today’s economy, it’s tough out there,” Jennings said. “It’s hard for the little guy to have a niche, and when that niche gets used against him, it’s harder. I just have to keep moving forward.”

 

Jennings and his crews have spent the past few months refurbishing an old garage that most recently housed a tattoo shop and a handyman service into the Cheba Hut, complete with an outside deck. He said he was stunned when he heard the ruling.

 

“He seemed to take it upon himself and take his personal views and really affect my business,” said Jennings, who started the Cheba Hut concept 10 years ago in Arizona. “I’m just a sub shop. All I do is sell subs. I run a clean ship.”

 

Deputy City Clerk Cheryl Aragon reports the denial is only the third that she knows of in her 20 years with the city — Frick so far has issued two of them in the past two weeks.

 

In Greeley, the only two considerations for liquor licenses is a neighborhood’s wants and needs and good moral character.

 

In his eight-page finding, Frick noted that Jennings and his wife have clean histories, but the manager of the shop had two previous drinking-and-driving-related offenses. Jennings said that employee will not manage the Greeley shop. Reports from Boulder and Fort Collins police, where there are other Cheba Huts, one which sells alcohol, have had no citations or troubles, the ruling noted.

 

Frick based much of his concern on the shop’s marijuana theme, noting there are 25 sandwiches on the menu with names relating to THC, the chemical in marijuana, and other food items contain slang references to marijuana and other illicit drugs. He notes, “Upon inquiry and not surprisingly there is not a substance abuse policy and/or substance testing policy for Cheba Hut employees.”

 

His ruling noted that the business was directly across from the University of Northern Colorado, where police note there has been an increase in marijuana-related offenses in recent years.

 

“While mere suspicion that there might be future problems with illegal activity is not reason alone to deny a liquor license, allowing a business of this nature to sell and/or serve alcoholic beverages is not a reasonable requirement of the neighborhood,” Frick wrote. “This restaurant is founded upon the principles and theme of the illegal drug marijuana and incorporates other illegal controlled substance related themes.”

 

Frick notes that the owners’ business theme clearly falls within First Amendment privileges, but he stated what was at issue was “good moral character.” He noted Jennings and his wife were of good character, but he stated he made that “with reservation.”

 

While Jennings has contracted a lawyer, he will get the business on tap this week, with his theme, minus the alcohol. A grand opening is set for Monday.

 

“Just want to fly my flag, have a beer on my deck and eat my sandwich,” Jennings said. “I don’t know anything more American than that. To me, it’s about freedom of speech and civil liberties. If I didn’t have good food, I would have been out of business nine years ago.”

ABOUT CHEBA HUT

Cheba Hut “Toasted” Subs, “Where the only thing fried is the occasional customer,” is a counter-culture themed sandwich franchise, with stores operating in the southwestern United States.

The shop sells traditional sub sandwiches, salads and “munchies,” touting a homemade touch on all recipes. Founder Scott Jennings started the sub shop concept after he delivered sub sandwiches while he was a communications major at Arizona State University a little more than 10 years ago.

The name comes from rap artist Tone-Loc’s song “Cheeba Cheeba,” which is about getting high on marijuana and getting the munchies, Jennings has said in previous interviews.

 

Because of a marketing gimmick?? wouldn't like to get that Judge on supply charges