Judge Rules In Favor Of Tuscaloosa Regarding Changes To Gastropub Ordinance

EDITOR'S NOTE: This story has been updated to include a statement posted on Instagram Friday by the owners of Twelve25.

TUSCALOOSA, AL — United States District Court Judge Annemarie Carney Axon on Thursday denied a motion for a temporary restraining order requested by owners of a restaurant and sports bar on University Boulevard who alleged unfair treatment and racism on the part of the City of Tuscaloosa regarding its occupancy rate.

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According to the complaint initially filed in Tuscaloosa County Circuit Court, Twelve25 operates as a restaurant during the day, before removing its tables and chairs at night.

CMB Holdings Group LLC — the owners of the bar — argue that, as a successful minority-owned business, Twelve25 attracts business away from other "white-owned" establishments along The Strip and in downtown Tuscaloosa.

With this is mind, the owners of the bar claim it was unduly targeted by the Tuscaloosa City Council when it adopted a new ordinance earlier this month that they believe intentionally took aim at its dual-occupancy limits — one for during the day when it operates as a restaurant and another for when it exclusively operates as a bar at night.

This also comes after a fatal shooting on Grace Street in January resulting in the death of 23-year-old Jamea Harris and the capital murder arrests of Maryland native Michael Davis and former Alabama basketball player Darius Miles. As Patch previously reported, the two groups involved in the shooting had been patrons of Twelve25 in the hours prior to the shooting.

For historical context, the city in January 2020 approved two maximum occupancy certificates, 287 and 519 — the larger one being if the restaurant had no tables or chairs.

Referring to the move as unconstitutional on numerous fronts, attorneys for CMB Holdings Group took issue with Tuscaloosa Mayor Walt Maddox expressing his desire to address certain perceived problems along The Strip.

Specifically, a news article published in January by 1819 News was cited, where Maddox was quoted as saying the following:

"You have a lot of places in Tuscaloosa, not just The Strip, that masquerade as a restaurant, but they're really a bar and are protected by the state ... We're not tolerating this, we never tolerated it, but certainly, this has become hyper-sensitive, and we're going to be looking at a broad range of action."

In the complaint filed against the city, the owners of the bar argue that the city has indeed tolerated such practices after the definition of a "gastropub" was officially written into the ordinance in 2017.

Instead, Twelve25 insists that its business, along with Moe's Original BBQ on University Boulevard, are the only establishments impacted by the ordinance passed during the March 7 meeting of the Tuscaloosa City Council.

The ordinance reads: "Occupant limits for restaurant liquor licenses and on-premise beer and wine shall be established with applicable furnishings arranged for dining as shown on the alcohol license application. There shall be no dual occupant limit for restaurants and gastropubs to increase the occupant limit when furnishings are removed or reconfigured. Any increase in the occupant limit due to reconfiguring furnishings must be approved by the city council."

What's more, an amendment was added to the ordinance establishing that occupant limits for restaurants and gastropubs shall be calculated based on the tables and seating configured for a restaurant and as shown on any applicable alcohol license application.

"There shall be no increase in the occupant limit due to furnishings being removed or reconfigured without approval of the city council," the amendment to the ordinance reads.

Separately, the owners of Twelve25 argue they were never notified of the ordinance change, nor were they given the opportunity to speak on their behalf in defense of its business practices.

Following the new ordinance going into effect, Twelve25 was issued a new occupancy certificate setting its maximum occupancy at 287 — a number that the bar's owners claim would cause irreparable damage to the establishment.

After arguing that the city rushed to enforce the ordinance, while failing to properly advertise the proposed changes, CMB Holdings Group requested the temporary restraining order, along with compensatory damages approved by the court.

Instead, Judge Axon denied the request for the temporary restraining order. The result is that the City of Tuscaloosa will be able to continue to enforce the new ordinance.

The decision dealt a heavy blow to the case laid out by the bar's owners, who will now be statutorily bound to follow the new ordinance and it remains unclear whether or how the owners will continue to pursue the case.

In a statement posted to the Twelve25 Instagram page on Friday, the owners argued many of the same points in its complaint against the city.

"The City intentionally targeted Twelve25, without a legitimate basis, and failed to even notify Twelve25 of the possibility of this change or allow us to he heard before a decision was made," the post says. "In reality, this unlawful Ordinance was passed and wrongfully enforced against Twelve 25 because we are a minority-owned business, and because we attract the most diverse group of customers of any establishment in the history of the Strip. Our customer base includes many members of the Black and student-athlete communities, who historically have not had a place to frequent in or around the Strip."

Despite the judge's ruling on Thursday, owners of the bar continue to argue that the city's motives are discriminatory.

"We are using the Court system to fight the City's racially-motivated actions, and in the meantime, as always, we will remain the safe, law-abiding establishment we have been since Day 1," the post reads.

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