CLEVELAND — A federal judge dismissed a case filed against the City of Cleveland by Play Bar and Grill on Monday, finding the bar failed to state a valid claim that its constitutional rights were violated when the city shut it down after a shooting this past September.
In a 12-page memorandum and order, U.S. District Court Judge Patricia A. Gaughan found that Play Bar and Grill did not present a legally sufficient claim that the city violated its right to due process by shutting down the bar without notice.
The judge also noted that the city provided the bar with an opportunity to appeal the closure after the emergency shutdown.
Text message
Text messages show Cleveland Mayor Justin Bibb ordered staffers to shut down the bar within an hour of the Sept. 7 shooting, despite no known connection between Play Bar and Grill and the incident.
Through a public records request, News 5 Investigators learned Bibb texted his closest advisers, "Use every dept to shut this place down. If we get sued, we get sued."
Chief Communications Officer Sarah Johnson previously said the connection to Play Bar and Grill is "part of the ongoing investigation" in an email to News 5.
Johnson was one of three senior staff members included 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.
Flats shooting
The shooting occurred near West 10th and West 11th streets on the East Bank of the Flats following the Cleveland Browns' home opener.
Cleveland police say four guns fired at least 40 shots.
Six people were injured.
RELATED: Shooting in The Flats left 6 people injured; 1 suspect in custody, police say
So far, three people have been charged in connection with the shooting.
Play Bar and Grill's owner declined to comment Monday on the dismissal.
A City of Cleveland spokesperson sent us the following statement:
"We are encouraged by the federal judge’s order today – which not only dismissed the lawsuit, but affirms that the Bibb Administration’s decisive actions to close Play Bar and protect the public was indeed legal.
Ensuring public safety remains our top priority. The Bibb Administration will continue to move quickly to take legally-sound measures, like this one, to keep our community safe.
This decision was made following a tragic mass shooting and based on a history of criminal incidents associated with or around this establishment – nothing more, nothing less. While not made lightly, the decision was necessary to uphold public safety.
The court’s ruling is crystal clear – the Bibb Administration’s emergency decision to shut down and board up the premises was lawful and did not violate any due process rights under the Constitution."
