By Michael Schaffer - Managing editor
November 13, 2009 03:30 pm
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The District Court in Appanoose County entered an order on Nov. 5 staying the 30-day liquor license suspension for Gordie L. Long, the owner of Gordie's Bar and Grill in Centerville.
Judge Daniel P. Wilson, who signed the order, said the court ruled Long had "sufficient likelihood" of success in its appeal of the Alcoholic Beverages Division administrators final order on at least one of the grounds of appeal, jurisdiction of the administrator and constitutional issues, to warrant a stay. The court also took into account "irreparable injury without relief" to Long and no substantial harm to the ABD or the public by granting the stay of execution of the license suspension.
The ABD administrator's final order is suspended until a hearing is held by the district court on the merits of Long's petition for judicial review of agency action. As of Thursday afternoon, no time or date had been set for that hearing.
Long's petition asserts the Smokefree Air Act requires only a judicial magistrate can hear and determine violations, is unconstitutional in terms of equal protection and due process and interferes with and is in violation of the U.S. Commerce Clause.
The 30-day suspension, which was scheduled to begin at 6 a.m. Monday, Nov. 9 and end at 6 a.m. Wednesday, Dec. 9 was first proposed by Administrative Law Judge Margaret LaMarche on April 21 for violating the state's Smokefree Air Act. Following an appeal by Long, ABD Administrator Lynn Walding issued his final order Sept. 30 upholding the proposed 30-day suspension.
The ABD argues Long's application for a stay pending judicial review should be denied because it cannot satisfy four statutory considerations when deciding if an adjudicatory body can stay an agency action.
In January, the Iowa Department of Public Safety filed a hearing complaint against Long alleging she had violated the Smokefree Air Act on multiple occasions at her bar located at 108 N. 13th St. and sought to have her liquor license suspended or revoked.
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