Suit questions authority of Marietta Main Street in DORA promotion

Restaurant owner files suit
Published: Jun. 24, 2021 at 8:03 PM EDT|Updated: Jun. 24, 2021 at 11:12 PM EDT
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PARKERSBURG, W.Va. (WTAP) - The Designated Outdoor Refreshment Area was devised by the city of Marietta to allow the sale and consumption of alcohol in outdoor dining areas participating restaurants.

One of those waiting to participate is the TLV Restaurant on Front Street. But its owner objects to the conditions set by Marietta Main Street.

“In order for anyone to participate, you have to buy materials from them,” Owner Ari Gold told us Thursday. “You have to buy all the cups only from them, and you have to go through training to participate. The liquor license I have; I’ve already passed all the background checks, all the exams, etc., and I don’t think Marietta Main Street even had a liquor license.”

Marietta Main Street is not commenting on the suit Gold’s company, Emanuel’s L.L.C., has filed.

“I’m also apparently forced to charge my client an additional dollar per cup, which was not in the city ordinance,” Gold, who initially sought to participate in the program, told us.

Gold also questions the authority Marietta Main Street has to implement the program.

“Not only do I have to go to an organization that is not a part of the city that may or may not let me participate in a law that has been passed by the state and authorized by the city I’m also required to follow certain rules or requirements that have only been set by Marietta Main Street.”

“We use Marietta Main Street as our agent to consolidate cup distribution,” Mayor Josh Schlicher told us. “Instead of having multiple restaurants try to source that from multiple different sources, we have them in charge of coordinating that.”

The city received the suit on Monday, according to Law Director Paul Bertram III. It is currently working on a formal response.

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