Excessive Permitting by the City?? Is it necessary or just for the money?

I recently received this e-mail

I follow an e-mail newsletter run by Lisa Jacques and recently heard of your success in regards to Obsessions Bar and Grill on Chili Avenue. My name isXXXXX and I am the volunteer head of XXXXXXXXXX which consists of a small group of artists who perform plays for the public. These plays often deal with topical issues, civil rights and societal issues. We have been in operation for seven years at our current location (renting the fellowship hall of a church). Last year we were asked to get an entertainment center license by the City of Rochester. The cost is $425-475 every January and would also cause us to be inspected by the city at any time as well as other requirements. Our venue is already inspected by the city because the building as a whole is a church.

We received our first ticket a month or so ago and are going to a hearing on the 27^th. At that hearing we will be represented by XXXXXX who is doing so for us Pro Bono. His recommendation to us is to go to the hearing, state our case and expect to lose. Everyone else has told me the same. We expect to lose. The code we are accused of breaking is Chapter 29 Section 13 of the Code of the City of Rochester.

I want to challenge the law in court. We have limited to no financial resources and I work part-time as a substitute teacher. I will be putting together a legal fees fund drive to help defer any costs. Can you help us?

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Permalink Reply by Mary D'Alessandro on February 22, 2013 at 3:40pm

Response by Legal Committee NYSC

Your lawyer tells it as it is. Ultimately you need to get convicted an then file a challenge to the conviction under article 78 of the Civil Practice Law and Rules. I presume the challenge will be on two grounds: First Amendment and excessiveness of the fees. We can give you pointers on both, since we’ve fought other cases involving similar issues. I’ll let you know when our next Board meeting will be so we can meet.

We too are limited in funds and bandwidth, and we have a large number of cases in the courts right now, so I can’t make any promises about financial support. But, at the least, our prior research may save your lawyer a lot of time and you the associated legal fees. The cost of these challenges is of course why the City gets away with so much of this nonsense.