Just the Facts- Extra Innings

In the May 5^th edition of CentralSpeaks.com the facts of the rezoning request coming before the Central City Council for a sports bar were presented.  In the May 12^th edition of this same newspaper the results of the City Council meeting were detailed.  The Council, by a 3 to 2 vote, approved the rezoning to C-AB-2 with the stipulations that at least 20% sales be derived from food and non-alcoholic beverages, and the name of the establishment not include the name “Wildcatz”.  In theory, this rezoning case has been completed.  However, issues have now been raised which attempt to call into question the rezoning process in this case.  So, in the spirit of full disclosure and in an effort to make sure everyone is equipped with all of the available information, here are …. Just the Facts.

There is a misconception that the Council approved a sports bar named “Extra Innings,” when that trade name belongs to someone else.  The fact is that the Central City Council, in a rezoning case, does not “approve” the name of a business, it merely decides whether the physical location will be rezoned as requested by the applicant.  In this case, the Council did exercise its right to add a stipulation to the rezoning wherein the applicant agreed not to use the word Wildcatz in its name. 

There is also a concern that a check of the Louisiana Secretary of State’s corporations database shows that “Extra Innings” is already a trade name of a bar and lounge in New Orleans and therefore is not available.  The fact is that the applicant has since been granted, by the Louisiana Secretary of State, the use of the name “Extra Innings Sports Bar & Grill”.

It does appear that the original application to have this case brought before the city was signed only by the property owner and not by the business owners.  The fact is, CentralSpeaks.com does not have a staff attorney.  In an effort to obtain the facts we spoke with the applicants and the property owner, and we inquired at the permit office as to whether the lack of the signature of the business owners would compromise the rezoning process.  We were assured by all parties that everyone was in full agreement that the intent of all parties was clear, despite the lack of the signature, and that the entire public process of advertising the rezoning and holding the hearings was adhered to in all aspects.  Two additional events are to be noted in this process.  First, while the business owners appear not to have signed the application, they did sign the personal check bearing their names in the amount of $675.00 which was given to the permit office along with the application.  Second, Councilman Washington is to be commended for identifying the lack of the signature and for seeing to it that the business owners signed the application in the presence of the City Council during the meeting and prior to the Council’s vote.

Lastly, there is the issue of the compromise requiring a 20% sales volume from food and non-alcoholic beverages.  Concern has been expressed that this compromise is unenforceable.  Again, without a staff attorney, CentralSpeaks.com has gone back to the recording of the Council meeting for legal advice.  When asked whether this modified rezoning could be considered, city attorney Sheri Morris stated “If the applicants are willing to agree to stipulations…then that can be presented to the Council and considered by the Council.”

The final “fact” that everyone in Central should consider is that there are very few, if any, absolutes when it comes to legal matters.  The conclusions reached in our efforts to present the facts here can indeed be interpreted differently by other people. CentralSpeaks.com takes no stand as to whether there should be a bar in Central or whether this rezoning process was perfect.  The intent of this article is not to argue legalities, but instead to inform.  In this article you have read what the Central City Council actually approved, what the Secretary of State actually allowed, what the parties to the rezoning process actually intended, and what the City of Central’s attorney actually said.  These are…Just the Facts.