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Update on Dream Weavers
9/30/08 - The hearing for Dream Weavers bar that was scheduled for Tuesday, Oct 7th has been postponed.
Do not show up at the State Office building on Oct 7th! Please communicate this information to friends and neighbors who may have been planning to attend.
The State Alcohol and Tobacco Commission has postponed the hearing to give us a little more time to work out a negotiated settlement. The representatives of the neighborhood organizations are determined that the bar will be permanently closed, but if we can avoid the uncertainty of a hearing, we believe doing so will be in the best interest of the communities we represent. Negotiations are proceeding rapidly, we have a scheduled attorney conference between the neighborhoods and the bar owner with the Alcohol and Tobacco Commission next week. We hope to have a signed agreement very shortly. The leadership of Little Flower and Emerson Heights would like to express their thanks to the residents and supporters who have scheduled time to attend the hearing. We realize it is an inconvenience and short notice. We hope that we can soon announce that an agreement has been signed that will permanently close the bar and that we will no longer need to marshal supporters to attend a hearing. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Appeal hearing is Tuesday, Oct 7th, 2008 at 10:00 AM Room E114 of the State Office Building. As many of you know, Little Flower, Emerson Heights and Irvington neighborhoods have combined to remonstrate against the renewal of the liquor license for Dream Weavers Bar at the corner of 10th street and Emerson Avenue. We took this action because of a series of very serious incidents that involved Dream Weaver patrons. It is our position that the bar has become a public nuisance and a detriment to the safety and security of our neighborhoods. In a public hearing of the Marion County Alcoholic Beverage Board on 11/5/2007 the Board agreed with the neighborhoods and voted unanimously to not renew the liquor permit. As required by law, the Indiana Alcohol and Tobacco Commission adopted the findings of the local board. This victory was a very important first step in the process. Thank you to all who attended that hearing! As we anticipated, the bar owner, Mr. Lenard Birk, has appealed the findings of the local board. The case will now be heard at the state level by the Indiana Alcohol and Tobacco Commission. The bar is operating on a temporary permit while the case is under appeal. The hearing date for the appeal is Tuesday, October 7th, 2008 at 10:00 AM at the State Office Building, 302 W. Washington Street, Room E114. We encourage neighborhood residents to attend the hearing and show their support. Although the Commission hears the case de novo, meaning they will allow new evidence to be introduced, they also take into account the previous testimony and evidence that was gathered at the first hearing. Mr. Birk has the burden of showing that the local board’s decision was arbitrary, capricious or without evidence or basis in law. The neighborhoods believe that we have a very strong case, particularly in light of recent activities at the bar. It's very important that residents continue to record any incidents that happen in the vicinity of the bar until the appeal is heard. Write down the date, time and details of the incident and then contact someone from Emerson Heights or Little Flower. If the situation is serious, call the police and specifically mention Dream Weaver Bar at 5064 E. 10th Street. Keep a record of the incident. You may report problems or direct questions to Kurt Wiegand, webmaster@Emersonheights.org or 375-0239. You can also help by joining in the Neighborhood Family Photo Project Working together, we can have another good outcome for our neighborhoods on October 7th, 2008.
Posted on 07/30/08 at 08:40 PM in News
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