CLEVELAND — The City of Cleveland asked a federal judge to dismiss a complaint filed against it by a Flats bar Wednesday.
The city alleges it did not violate Play Bar & Grill's right to due process or wrongfully interfere with its business operations when it quickly shut down the bar after a shooting following the Cleveland Browns' home opener on Sept. 7.
Through a public records request, News 5 Investigators learned Cleveland Mayor Justin Bibb texted his closest advisers within an hour of the incident:
"Use every dept to shut this place down. If we get sued, we get sued," he said in one of the texts.
RELATED: Cleveland mayor's text after Flats shooting: '... shut this place down. If we get sued, we get sued'
In their motion, the city alleged Play Bar & Grill has been "riddled with serious public safety problems" since it moved to its location at 1051 W. 10th Street.
Cleveland provided the court with information about the following incidents:
- June 6 - A parking lot owner complained that people were parking on the concrete, not following rules, and said "one of their patrons pulled a gun on the valet.
- July 5 - A 911 caller said, "They are shooting inside the bar." It's unknown who was shooting or if anyone was injured. The caller said everyone "ran off."
- July 12 - A woman said she was "attacked" by several other women outside the bar.
- Aug 17 - A man "seen pushing security staff" and "refused to leave" the bar. He was arrested for disorderly conduct after he continued to yell profanities, "spit on pedestrians" while walking to Play Bar & Grill, and ran from police, according to the city's report.
- Aug 18 - A 911 caller reported a "big fight breaking out."
- Sept 7 - A woman said she was "jumped" by several other women while walking to Play Bar & Grill, and the women stole her purse and shoes.
Play Bar & Grill's response
David Hill, Play Bar & Grill's owner, said Mayor Bibb's text message shows he unfairly targeted the bar.
"He just didn't care," Hill said. "He basically said 'I'm going to do what I want to do.'"
Hill noted that the Sept. 7 shooting and three of the incidents listed above happened off the bar's property.
"It's not right to be blaming the businesses of downtown for the safety concerns of the city," he said.
Hill was left even more frustrated after another shooting in the Flats this weekend. A 21-year-old man was shot and killed outside Punch Bowl Social early Sunday morning.
RELATED: Authorities identify 21-year-old shot, killed in the Flats; alleged suspect in custody
"We've been closed for the past three weeks, going on four weeks, and the exact same thing happened down the street, in the exact same area," he said. "Who can they blame now?"
Expert opinion
"Really, what that message is saying is, 'I don't care what the facts are, let's look like we're doing something,'" Subodh Chandra said.
Chandra is a prominent civil rights attorney, former federal prosecutor and former Cleveland law director.
"What is troubling to me here is that if the shooting took place outside of the bar, then there is a high probability it had nothing to do with the bar whatsoever," he said.
City officials have yet to connect the Sept. 7 shooting to the bar.
Chief Communications Officer Sarah Johnson said the connection to Play Bar & Grill is "part of the ongoing investigation" in an email on Tuesday.
Johnson is one of three senior staff members who were on the text message thread with Bibb after the shooting. The other two members were Chief of Staff Bradford Davy and Deputy Chief of Staff and Chief Government Affairs Officer Ryan Puente.
The final straw?
The Sunday afternoon shooting also appears to have been the final straw for the city and the bar's landlord.
The bar's landlord, Flats East Development President George Kimson, terminated the bar's lease a few days after the shooting.
Kimson said he warned the owners over the summer in two separate notices that violence and gun-related activities at the bar could result in the termination of their lease.
Mayor Bibb's response
For weeks, News 5 Investigators have tried to talk to Mayor Bibb about his decision to shut down the bar.
He has refused to answer our questions or schedule an on-camera interview about the shooting and his order to shut down Play Bar & Grill.
Johnson said he was unavailable when we requested an interview Tuesday.
She wrote, "He had a busy schedule today, and we could not accommodate your availability."
Shooting update
Six people were shot, including one who was arrested in connection with the shooting, according to Cleveland police. The victims have all been treated and released from the hospital, according to a department spokesperson.
RELATED: Shooting in The Flats left 6 people injured; 1 suspect in custody, police say
Four different guns fired at least forty shots, police said. One person has been charged in connection with the incident.
Court records show Savone Robinson, 21, was charged with improper discharge of a firearm, felonious assault, tampering with evidence and aggravated riot in connection with the shooting. It is unknown if he is the same suspect who was injured.
