Statement of Legal Counsel for Hard Times Cafe:
The Minnesota Court of Appeals filed its Opinion and Decision in the Hard
Times Cafe's challenge to the Minneapolis City Council's revocation of its
licenses. In June, 2000, the Minneapolis City Council voted 7-5 to revoke
the business license of the cooperative vegetarian restuarant and coffee
shop for one year. The Court of Appeals panel of three judges has
transferred the case to district (trial) court "so that it may investigate
the alleged irregularities in procedures regarding respondent's decision to
revoke relator's license." The Court of Appeals' reasoned:
"Considering the harshness of the penalty exacted against Relator [Hard
Times Cafe] compared with the Administrative Law Judge's positive findings,
the absence of findings by respondent [Minneapolis City Council] justifying
its decision and the admission of one of the council members that respondent
was exposed to prohibited [materials] we cannot avoid the conclusion that
respondent's decision may have been improperly influenced."
The court stated that "it is undisputed that the city council violated both
the procedures set forth." Some of the procedural violations included the
council members' use of evidence of 911 calls to the address of both the
Hard Times Cafe and the adjacent city owned council which had not been
presented at the formal hearing because it was irrelevant. Council members
also sent emails about using police to lobby other members, and making
allegations against the Hard Times Cafe that contradicted the administrative
law judge's findings. Based on the laws governing the review of these
municipal administrative decisions, the court of appeals determined that it
is necessary to allow a trial judge to hold a hearing to make a formal
determination of irregularities.
In another part of its opinion, the court of appeals rejected the Hard Times
Cafe's challenge to the constitutionality of the Minneapolis City Charter's
standards for revoking license. It is the Hard Times' position that the
City Charter provision allowing revocation of licenses based only on a
showing of "good cause" is so vague that it violated the due process
guarantees of the 14th Amendment ot the U.S. Constitution. The court of
appeals' held that the 'good cause' standard is definite enough" to allow
the Hard Times to know if it could be subject of adverse action.
Although the court of appeals' reasoning about the constitutionality of the
City Charter provision is flawed, the Hard Times Cafe is pleased with the
court's recognition of the large amounts of evidence of unfair violations of
due process procedures and the inconsistency of its decision. In the long
run, the transfer of the case to district court for a hearing can enable
full public exposure of the the city council's violations of the rights of
an honorable small business collective.
The Hard Times Cafe further appreciates the fairness and sound reasoning of
the five council members who oposed the City Council's majority decision.
Barrett Lane, Lisa Goodman, Lisa McDonald, Jim Niland, and Paul Ostrow
opposed the license revocation..
For further information, contact:
Jordan Kushner, 288-0545
Robert Dildine, 332-4847
Larry Leventhal, 333-5747
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