Williamsburg loses bar’s claims against police

An Iowa County jury has determined “unnecessary surveillance and harassment” by Williamsburg police hurt the Sundown Bar & Grill's business and awarded the bar $9,156 in damages.

Such rulings against police officers and agencies are rare, according to University of Iowa law professor Todd Pettys.

But, he said, “one of the reasons we have juries in the first place is so they can bring local sensibilities to bear on the cases that come up in those communities.”

“When it comes to what is reasonable and unreasonable law enforcement behavior, those are areas where citizens feel pretty comfortable making judgments,” Pettys said.

Sundown's attorney John C. Wagner told The Gazette jurors arrived at their verdict after answering “yes” to two key questions: Did the city intentionally interfere with the bar's prospective businesses relationships and did the interference cause the bar damages.

Wagner said Sundown owner John Donahue had requested a larger monetary award, and an expert who testified during the weeklong trial suggested the city had damaged the bar to the tune of $200,000.

Although he doesn't know how the jury arrived at the damage amount, Wagner said his client appreciated the jury's work and verdict.

“Mr. Donahue is happy that the jury found the city intentionally interfered and that the interference caused damages,” Wagner said.

A representative from the city of Williamsburg wasn't immediately available to comment on Wednesday's verdict.

The trial, which has been well attended, began June 12, and the jury began deliberating after a week of testimony at 12:30 p.m. Tuesday.

Donahue filed the lawsuit against the city of Williamsburg two years ago, claiming abuse of process and interference with prospective business. Donahue accused the Williamsburg police force of targeting the bar for years by following employees and customers after they left and staking out the bar without cause.

The city requested the case be dismissed on grounds that Williamsburg is immune from liability through a section of the Iowa Code that protects municipalities and their employees. A judge denied that request.

The bar claimed the worst of the police behavior happened from 2008 to 2010, according to Wagner.

“And then, it was our position, that the conduct abruptly changed when we filed the lawsuit in 2010,” Wagner said. “Starting in 2011, my client's sales took off again.”

The Sundown business is thriving today, and Wagner said his client expects to remain a fixture in town.

“My client looks forward to having a good relationship with the city and the police force,” Wagner said. “He intends to be there for a long time.”