Raleigh bar owner says charges stem from new sidewalk ordinance
RALEIGH (WTVD) -- When a bar owner led the charge against the city of Raleigh's proposed ordinance restricting food and alcohol service on public sidewalks, he never thought he would soon be facing charges of his own.
Zack Medford owns Paddy O'Beers on Fayetteville Street in downtown Raleigh.
"[We're facing] charges for wanton destruction of government property because we moved a couple of city benches out of the way, so we could comply with a confusing new ordinance," Medford told Eyewitness News.
On Saturday, Aug. 14, two of Medford's business partners unbolted and moved two city-owned benches that were fastened to the sidewalk outside their bar. They also ground down the mounting bolts, Medford said, to keep people from tripping.
"It was a decision made in haste. It's a decision that they regretted, but [they] didn't destroy any public property," Medford said. "They picked up a bench and moved it."
Medford said it never would have happened had he not gotten a warning citation the night before, saying his bar wasn't in compliance with the city's new sidewalk seating layout.
Raleigh's ordinance mandates business' outdoor dining area not impede on a 7-foot wide walkway.
"We got our backs against the wall. We're just trying to keep our doors open," Medford said. "If we lose all our seating outside, then we have to close our doors and go out of business."
He also said the charges are especially hard to swallow now that the rules have apparently changed.
"We're being told one thing one day and one thing another day. It's so hard to follow."
An email from Robert Pearce, Raleigh's assistant zoning administrator, sent to the head of Shop Local Raleigh Wednesday morning says the city will now accept split seating areas regardless of alcohol service. The entire email is shown below.
Jennifer,
Good morning. The City of Raleigh will accept split seating areas from all establishments regardless of alcohol service. Alcohol service can occur on the street side area provided that all other Code requirements are met. The City has worked with ABC and has received verbal confirmation that street side alcohol service will be permitted. We will be sending out an email to all businesses this week that will clarify key areas related to successful processing of outdoor seating permits.
Hope that helps.
Robert M. Pearce Jr., CZO
Assistant Zoning Administrator
City of Raleigh
Department of City Planning
Zoning Division
We have called Pearce, but have not yet heard back.
Medford and his two business partners, charged with destruction to government property, are due in court on Oct. 6.
