Cheba Hut Toasted Subs announced that it won its first amendment case against the city of Greeley, Colorado.
Owner Scott Jennings has been fighting a legal battle with the city for the last seven months. In April, Jennings applied for a beer and wine license in order to serve local craft beer in his newest location. When it went before the licensing committee, a one-man panel consisting of Judge Robert Frick, the judge denied the license on the basis of the restaurant’s theme. Jennings retained an attorney and appealed the case as a violation of his first amendment rights.
On September 8 the case was overturned by District Court Judge Daniel Maus. Maus stated that he overturned the decision for several reasons, including the fact that the licensing authority acted arbitrarily and capriciously in denying the license. “While the licensing authority may note the first amendment in its finding and decision, it apparently has little regard for it,” the judge stated. “Plaintiff is well within its constitutional right of free speech.”
“Common sense prevailed in Greeley,” Jennings says. “We’re making the laws, not breaking the laws. The first amendment is still alive and well in America.”