LAFAYETTE, La. — A district judge has denied an appeal filed by the owners of a proposed downtown daiquiri shop, upholding the Lafayette City Council’s decision to deny the business a conditional use permit.
During Monday’s hearing, the daiquiri shop owners’ attorney argued the council’s March 24 decision was “not made with competent evidence,” pointing to the fact that more people spoke in favor of the permit than against it during the meeting.
However, an attorney for Lafayette Consolidated Government argued the council considered safety concerns raised by the Lafayette Police Department and Downtown Development Authority, along with a 45-minute public discussion, before denying the request. The attorney said the decision was not based on the number of people who supported or opposed the permit.
The owners’ attorney also argued the property had previously operated as a bar and questioned why additional conditions were placed on the business after Marlon Haynes and Jeremy Figaro obtained ownership.
Those conditions included reducing the business’ occupancy limit from 61 to 49 people, as well as meeting licensed security and trash plan requirements, according to arguments made during the hearing.
The owners’ attorney alleged the additional requirements were imposed because Haynes and Figaro are Black.
KATC reached out to Lafayette Consolidated Government regarding the allegation, but the agency declined to comment.
A hearing on the remaining issues in the lawsuit is scheduled for Aug. 31.
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A state district judge has declined to reverse a City Council denial of a daiquiri shop permit for Downtown Lafayette.
The developers of the porposed Downtown Daiquiri Lounge and Bar have sued the city and the council members who voted against their permit, alleging that they were being subjected to additional requirements for that permit simply because they are Black.
After a hearing Monday morning, 15th Judicial District Judge Cynthia Spadoni declined to order the permit granted, and set an August 31 hearing for remaining issues in the suit.
At issue is the developers' application for a Conditional Use Permit (CUP) for their proposed lounge, which would be located on Jefferson Street next to NiteTown. In Downtown Lafayette, permits for bars are handled differently than in other areas of the city; the Conditional Use Permit process is designed to look at any prior business performance of the applicant. It grew out of concerns that too many bars were choking out other downtown uses - like residential, business, etc. - several years ago.
When this permit came up for approval before the Lafayette City Council, the Police Department and Downtown Development Authority both raised concerns about the developers' request - because of issues related to one of their existing establishments located downtown. To read about that, click here.
The City Council voted 3-2 to deny the permit; the three white council members voted against it and the two black council members voted to grant it. To read our story about the meeting, click here.
We'll have more on today's hearing and what's next later today on KATC TV3.
