Weld County, Colo. judge says sandwich shop has right to use marijuana themeGreeley, Colorado - Weld County judge Daniel Maus late Tuesday overturned a Greeley judge's decision to deny Cheba Hut's liquor license last spring. Maus cited owner Scott Jennings' First Amendment right to market his business how he wanted, which had no bearing on whether he should be able to sell liquor.
"While the licensing authority may note the First Amendment in its finding and decision, it apparently has little regard for it," Maus wrote in his ruling. "Plaintiff is well within its constitutional right of free speech to use terms that reference marijuana in its marketing strategy, decor, naming of sandwiches, and the like."
"The licensing authority punished plaintiff for exercising his First Amendment rights while at the same time acknowledging that plaintiff had such rights," Maus wrote.
The ruling reversed Cheba Hut's liquor license denial. Cheba Hut will not have to reapply for its license. The cityof Greeley has 45 days to appeal the ruling.
Cheba Hut at 1645 8th Ave., opened in April across the street from the University of Northern Colorado with a complete bar inside.
Municipal judge Robert Frick denied Cheba Hut's liquor license because of its marijuana theme, including 25 sandwiches with names of marijuana strains.
Jennings started Cheba Hut in 1998 in Arizona while was a communications student. He has since opened locations and franchised the stores throughout Arizona, New Mexico and Colorado. He recently formed a deal with franchisers in Oregon and planning to meet soon with potential franchisers in California.
In August, a Fort Collins municipal judge granted one of Jennings' two Fort Collins Cheba Hut shops a liquor license.
Jennings says he lost about $40,000 in sales since he opened in Greeley. To fight Frick's ruling, he says he's spent about $5,000 in legal bills.
In his ruling, Maus said Frick's decision was "arbitrary and capricious" because Frick considered information that was not pertinent according to the law, including potential future problems related to marijuana use on campus.
"While an increased trend" in marijuana use and offenses has been alleged, this court gives no weight to the argument that such a trend is connected to the existence of local businesses such as plaintiff," Maus wrote. "This court is wholly unpersuaded that plaintiff's marketing strategy or use of marijuana terminology would cause an otherwise law abiding citizen to engage in the use of marijuana."
"Even if the increasing trend in marijuana use could be blamed on a sandwich shop, the licensing authority may not justify the denial of a liquor license on the suspicion of future problems or illegal activity."
Jennings' attorney Maria Liu said at the time of the appeal that she felt Frick denied Cheba Hut's liquor license based on his emotions and opinion. She said she was proud that Maus followed and applied the law. Liu says she hopes the city of Greeley doesn't push the matter further.
Greeley Tribune -
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