Thursday, April 8, 2010

Injunction Granted Against SOHO Bar Owner


The long running battle between Tommy Ortiz of Cheap, Hyde Park Cafe, and The Kennedy took a new legal turn this week when the owners of the Dubliner Irish Pub obtained a temporary injunction to prohibit Ortiz from 1. aiming spotlights at the Dubliner deck, 2. from interfering with the Dubliner water meter and trash dumpster or 3. from "taking any other actions to disrupt the plaintiff's (The Dubliner's) business." Possible efforts to flood the popular Irish pub by Ortiz have also been alleged.
"On their face, Defendants (Ortiz and Howard Avenue Station LLC) actions are malicious and designed to cause Plaintiff to lose customers." was stated in the initial motion for injunction. "Defendants informed Plaintiff on March 31, 2010 that they intend to continue to aim high powered spot lights on Plaintiff's deck area and customers."
According to the legal filings by Dubliner owner Richard Campion, Ortiz physically removed their water meter, placed a lock on their trash dumpster, called tow trucks on Dubliner employees, and shined high powered spotlights on the Dubliner outdoor deck in March of 2010. Additional damages may also be sought against Ortiz by the Dubliner. Violations of the provisions in the injuction by Ortiz could result in his arrest.
This round of legal maneuvering will continue in the courts for some time. The Dubliner is also seeking attorney's fees and other costs.
The Dubliner previously won in an eviction battle brought aginst them by Ortiz and building owner Frank Kane in 2007. Over $100,000 in attorneys fees may still be due to the Dubliner as a result of that failed effort in 2007.

1 comment:

  1. I understand Ortiz wanting to obtain that property but his actions seem quite childish. I hope the staff doesn't have to suffer from his actions. I had a situation with a competitor in Buffalo that ended in physical violence and several arrests. Employees lose jobs and owners pay heavily.

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