Hearing held for Iowa City bar owner fighting 21-only ordinance

A hearing on Downtown Iowa City bar owner Mike Porter's law suit against the City of Iowa City was held in Johnson County District Court Monday.

The hearing was held in response to the lawsuit Porter filed against the city of Iowa City on July 28, claiming Iowa City wrongfully denied a request for an exemption at his  establishment The Summit, 10 S. Clinton St., Iowa City. The city's 21-only ordinance went into effect June 1 and requires bar goers to be at least 21-years-of age, the exemption would allow those underage to enter.

The hearing allowed both the City and the plaintiff's, Porter and The Summit, to present arguments about the validity and strength of the petition.

Porter's attorney's Steven Havercamp and Daniel Kresowik argued that in its calculations the city ignored the plain language of the exemption statute and incorrectly calculated Porter's non-alcohol related profit percentage for The Summit. Havercamp also presented evidence that The Summit and Porter were negative profit on almost every corresponding week day from June 2, 2009 through Aug. 10, 2009 compared to June 1, 2010 through Aug. 9, 2010.

Assistant  Iowa City City Attorney Sarah Holleck filled for a motion to dismiss Porter's petition earlier Monday, before the hearing. Assistant City Attorney Eric Goers provided evidence that Porter and his businesses were already in debt before the 21-Ordinance.

Goers presented evidence in the documentation present in a suit filled in Johnson County District Court Friday between Porter and Corridor State Bank, stating that Porter owes the bank more than $382, 008.22 plus interest for loans taken out and owed before the June 1, 21 law went into effect.

Goers also presented documentation that Porter's company MP Investments (Vito's)  filled bankruptcy on May 21, 2010  and that porter planned to sell The Summit before the 21 Ordinance, arguing Porter was struggling well before the new law.

An order on the hearing should be made before the end of the month. Briefs from Havercamp and Kresowik responding the the city's resistance must be filled by Wednesday.