Monday, December 5, 2005
Nightclub wants city to pay lawyers in 'red tag' case
A.J. FLICK
Tucson Citizen
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A Tucson nightclub that successfully fought five public nuisance "red tags" wants the city to pay the tab for its attorneys.
The Arizona Court of Appeals is set to hear arguments Jan. 3 on whether the owners of DV8 nightclub, 5851 E. Speedway Blvd., have to foot the bill for contesting the red tags.
According to court documents, DV8 was given five notices of unruly gatherings, or red tags, in September 2004.
Owners William Wayne Roubos and Derrick Stephen Denomme challenged the red tags in Tucson City Court, which dismissed the civil violations.
However, City Court refused to order the city to pay attorney fees. Roubos and Denomme took the issue to Pima County Superior Court, which upheld City Court's decision.
DV8's attorneys, John Munger and Laura P. Chiasson, say in the Appeals Court petition that a ruling could have statewide impact because governments frequently take civil actions against private parties.
