David's BlogMonday, November 19, 2012Proud to End Up in Court
Our
goal was simple - to send a strong message to the State District Court
decision-makers that Duluth business owners are tired of putting up with
the shenanigans occurring at the Last Place on Earth. To do so, the
Chamber's leadership encouraged business community members to fill the
courtroom to capacity for the civil court hearing involving the Last
Place on Earth. The hearing took place Friday, November 9.
The
courtroom was packed to capacity. Additionally, dozens of citizens, who
did not arrive early enough to secure a seat in the courtroom, stood
outside the courtroom doors. It was a rare occurrence for business
owners and operators to unite and stand in solidarity in opposition to a
local business. In this case, the cause was to illustrate how the Last
Place on Earth was negatively impacting Downtown businesses. Judge Shaun
Floerke praised attendees for participating in this public process.
Those
of us in attendance heard the City of Duluth's case against this
business. A representative of the City of Duluth Attorney's Office,
Nathan LaCoursiere, argued the Last Place on Earth has become a serious
threat to public health and safety. The representative also contended
that the store meets the state's definition of a nuisance business,
which should allow the City to be empowered to modify or discontinue the
store's operations.
The
assistant city attorney noted that police have responded to more than
2,000 calls due to problems associated with business, indicating that
customers of the store are disrupting nearby businesses. The store has
cost the City of Duluth more than $100,000 in additional police costs.
His contention was that no business has the right to operate in a way
that harms the community around them.
The
court hearing concluded with Judge Shaun Floerke indicating he planned
to delay any decision on whether to ban the sale of some products at the
store, or temporarily close the store with an injunction, until more
evidence and additional legal briefs are filed by attorneys on both
sides of this case. Jim Carlson, the owner of the Last Place on Earth,
had his day in court. It appears he will have additional days as well.
By attending the court hearing, other business owners and operators also
had their day in court. While we did not have our voice heard in court, we had our presence felt.
This
was our first public opportunity to collectively convey concerns
related to the Last Place on Earth. We hold no grand illusion that we
influenced the legal system - nor did we seek to do so. We place our
full faith in the legal process. Attending the hearing simply provided
us a chance to gather together, in solidarity, to illustrate our shared
concern. It was a time of community building. I am pleased and proud to
have joined my brothers and sisters from the business community in this
public display of unity.
David Ross, President & CEO
posted by David Ross
at
8:15 AM
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