Closing Time

By requiring closing times for bars, Fat City’s redevelopment plan charted new waters – new for the New Orleans area, anyway.  Twenty-four hour bar service is not easy to find once you head west on I-12.    But even for New Orleanians, there is no constitutional right to belly up to an open bar all night long.

“Fat City” – whose heyday as a popular entertainment district has long passed – is a mixed use area that was developed in the 60s as the suburb’s answer to the French Quarter.   A redevelopment plan seeking to revitalize this area includes new zoning regulations that tackle signs, give strip clubs two years to shut their doors, and guides a main street type development for new projects.  And most controversially, bars must close by midnight except for Friday and Saturday, when they must close by 1 a.m.

Proponents and opponents alike were shocked by the introduction of such a measure.  Drastic change, no matter what kind, may be difficult for a community to accept, even when the rest of the country is following different rules.  Bar owners filed suit in federal court and argued, among other issues, that the ordinance was an unconstitutional taking of their property.

Courts have upheld ordinances that create some adverse economic effect that promote the general welfare.   As for Fat City, the United States 5th Circuit found that the ordinance aimed to promote the health, safety, welfare of the community by shutting down bars during the hours most closely associated with dangerously high amounts of intoxication, drunk driving, and violent crimes.   The Court was willing to accept any adverse economic effect on the bar owners and noted that they were still able to operate bars and other businesses.

Contributed by:

Tiffany Peperone Pitre

tiffanypeperone@tmg-consuting.net  or  504.569.9239 x 30

Disclaimer
The views, interpretations, or strategies expressed are those of the authors, and do not necessarily reflect the position of TMG Consulting. This site is meant for educational purposes only and does not constitute professional advice. TMG Consulting makes no representation as to accuracy, completeness, or suitability of any information on this site and will not be liable for damages arising from its display or use.

New Associate: Tiffany Peperone Pitre, Public Policy Analyst

This summer, Tiffany Peperone Pitre joined the TMG Consulting team as a Public Policy Analyst.  Ms. Pitre brings to the firm over a decade of experience in the practice of law.  In her work for the Jefferson Parish Attorney’s Office, Ms. Pitre was primarily responsible for advising the Planning Department on land use and zoning laws and serving as general counsel to the Jefferson Parish Economic Development Commission (JEDCO).  In private practice, she provided advocacy in the Louisiana State Legislature for clients such as the City of New Orleans, the Orleans Parish School Board, the Patrick F. Taylor Foundation, the Louisiana Perfusion Society, and the American Heart Association.

While with Jefferson Parish, Ms. Pitre’s accomplishments included playing a vital role with the Fat City Redevelopment Project, as well as serving as the lead staff for funding under the American Recovery and Reinvestment Act and for the creation of tax increment financing districts.  Ms. Pitre was also tapped by the administration to lead the stabilization and turnaround of the Animal Shelter which was under intense scrutiny for gross mismanagement.  She was commended for major improvements of shelter operations.  In private practice, she assisted obtaining a state match for a Bass Pro retail establishment, and helped to obtain licensure for the Louisiana Perfusion Society within one legislative session despite opposition.

At TMG, Ms. Pitre advises on the policy matters of clients such as the New Orleans Regional Transit Authority and the Louis Armstrong New Orleans International Airport.

TMG is proud to add Ms. Pitre to our team.  She can be reached at tiffanypeperone@tmg-consulting.net or (504) 569-9239 Ex. 30.

Disclaimer
The views, interpretations, or strategies expressed are those of the authors, and do not necessarily reflect the position of TMG Consulting. This site is meant for educational purposes only and does not constitute professional advice. TMG Consulting makes no representation as to accuracy, completeness, or suitability of any information on this site and will not be liable for damages arising from its display or use.