Bar Owner Prevails in Buck Foston First Amendment Trial

A tavern owner has won a First Amendment battle against a New Jersey city over his right to open a bar called Buck Foston.

A federal jury this week found that the city of New Brunswick violated the constitutional rights of Larry Blatterfein by denying him a liquor license. In siding with the 61-year-old businessman, the jury concluded that the city held up the bar in red tape because it objected to its name, an off-color pun evoking the legendary rivalry between the Yankees and the Red Sox.

The dispute began five years ago when Mr. Blatterfein, an International Business Machines Corp. systems engineer-turned tavern owner, drew up plans to develop a sports bar complex in New Brunswick, about 25 miles southwest of New York City. He figured patrons in a city filled with Yankees fans would get a kick out of the name Buck Foston, a type of play on words known as a spoonerism.

But his plans were dealt a blushing crow, er, a crushing blow when the city refused to process his application to transfer a liquor license.

Frustrated by the delay, Mr. Blatterfein in 2011 filed suit in federal court in New Jersey, alleging the city intentionally derailed the project because New Brunswicks mayor, James Cahill, thought the name was vulgar. The citys resistance, Mr. Blatterfein alleged, violated his First Amendment rights.

A spokesman for the mayor said at the time the suit was filed the mayor was opposed to the name but that the license was held up because Mr. Blatterfein hadnt submitted all the necessary paperwork, according to the New Jersey Star-Ledger.

The case went to trial after a federal judge in September refused to dismiss it. After deliberating for two days, the seven-person jury on Wednesday returned a 6-1 verdict in Mr. Blatterfeins favor and awarded him $1.5 million.

A lawyer for the city didnt immediately respond to a request for comment. Mr.Cahill told the Star-Ledger he was disappointed with the verdict but, while it would have been better to win, the verdict was not for the amount Mr. Blatterfein was seeking.

An attorney for Mr. Blatterfein, who was represented by Joshpe Law Group LLP,said the two sides entered into a settlement agreement after the verdict was announced but declined to discuss the details.

Mr. Blatterfein has since decamped to Tampa, Fla., where hes about to open a new bar. In an interview with Law Blog, he says he probably wont revive the Buck Foston project, but still savors his victory. The First Amendment is sacrosanct in our country as it should be, he said.

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Bar Owner Prevails in Buck Foston First Amendment Trial