Published: June 07, 2008 12:10 am            

Neighbors of Ashley bar file suit for relief

By TESA CULLI

tesa.culli@register-news.com

ASHLEY — Two neighbors of an Ashley bar have filed a lawsuit that alleges that not only are they being harassed by the owners and patrons of the establishment, but the city police and mayor are refusing to enforce ordinances due to the revenues brought in by the crowds at special events held at the tavern.

Katherine E. Fender and Ronda A. Thomas filed the complaint for injunctive relief through their attorney, Blake & Allen, P.C., against Peckers, LLC and its owners John and Lisa Pelczynski on Wednesday.

But the Pelczynskis intend to let their liquor license expire at the end of the month, which would make the injunction a “moot point,” according to the couple’s attorney, Brian Curtis.

The complaint makes several allegations not only relating to the name and nature of the bar but also about city officials.

“The marketing techniques of Peckers includes advertising and/or amateur nights with sexual connotations,” the complaint states “There are customers at Peckers sometimes until 2 or 3 a.m., including engaging in outrageous conduct, excessive screaming and cars peeling out and fishtailing until the early hours of the morning, arguing, brawling or fighting in the streets, urinating in public view, harassing the plaintiffs when they make complaints including individuals driving at or near the residences of the plaintiffs, which are located adjacent to Peckers, and honking horns day and night ... because plaintiffs have reported the activities of Peckers on numerous occasions since it has opened operations.”

The residents allege that due to the way the business is operated and managed, there are “conditions occurring on and beyond the boundaries of the Pecker property” which have resulted in trespass to the extent it interferes not only with their enjoyment of their property but interferes with the possession of the residential property near the business.

According to the lawsuit, the neighbors of the business were not given adequate notice or a right to object when Peckers opened its doors.

“That since operations were commenced, plaintiffs have had direct conversation, have sent letters and have attended city council meetings repeatedly and consistently complaining regarding what is occurring at Peckers,” the complaint states. “...That the Mayor of Ashley has indicated or given the impression that police intervention and/or patrolling may basically have a chilling effect in regard to the crowds Peckers is drawing to Ashley and the resultant revenues and profits.”

In addition, the lawsuit says the system which the city of Ashley uses to register complaints has led to some of the harassment the two have experienced.

“The City of Ashley has a system whereby people making complaints, in this case the plaintiffs, have to identify themselves,” the court document states. “That is why others who may have complaints may not have brought some formally to the attention of the City of Ashley. By disclosing the names of the complaining parties, in this case the plaintiffs, that has resulted in additional harassment and intentional interference with the peaceful use and enjoyment of plaintiff’s residential real property.”

The complaint states that county law enforcement has tried to help the situation.

“Although the Washington County Sheriff’s Office has responded, there is additional time and delay traveling from Nashville, Ill., to Ashley Ill., in regard to complaints being made,” the complaint states. “The Washington County Sheriff’s Office has been responsive and there have been numerous charges brought directly or indirectly relating to the operations of Peckers and/or responsible persons.

“The operations of Peckers is extremely dangerous,” the complaint alleges. “By drawing large crowds of young people, including from outside the Ashley area, and appealing to matters which stimulate them, including in regard to drinking, outrageous behavior, sexual connotation and basically partying inside and outside Peckers until the early hours of the morning, these patrons who have been drinking and/or may be under the influence of alcohol, and who may not live in the Ashley area, then have to return to their homes or other locations in a physical, emotional and/or mental state which is not conducive to the safety and the well-being of others, including the general population of Washington County. That the Washington County Sheriff’s Office recognizes that it has a duty to enforce the law and to protect the public safety.”

The lawsuit further alleges that while the mayor of Ashley is in charge of issuing and revoking liquor licenses, “it is believed that the Mayor of Ashley may have some type of business and/or personal relationship with John Pelczynski and/or Lisa Pelczynski, and/or their businesses.”

“It is reasonably believed that any conflicts of interest or appearances of conflicts of interest, between the Mayor of Ashley, the Ashley Police Department, Peckers, John Pelczynski and Lisa Pelczynski, may be impacting what is occurring.”

Fender and Thomas are seeking a temporary restraining order, preliminary injunction or a permanent injunction against Peckers.

According to Curtis, it was always the intention of the Pelczynskis to sell the business and not continue holding the liquor license of Peckers indefinitely.

In addition, Lisa Pelczynski pointed out that Fender and Thomas are only two of many neighbors of the business, and the only two who have complained about its operations.

        

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