The Common Council failed to establish “any rational basis” for putting conditions on music and restaurant licenses for an Elmwood Avenue business, a judge has ruled.
Paul Tsouflidis, owner of Acropolis OPA, won a lawsuit against the Common Council and the city, but said Friday that the ruling will not change the way he operates the restaurant.
Neighbors concerned about noise were opposed to plans to turn Acropolis into a nightclub, and in March, the Council voted to place nine restrictions on the business.
State Supreme Court Justice Joseph R. Glownia ruled that the conditions “are hereby annulled, vacated and set aside” and that the city is directed to remove the conditions from Tsouflidis’ existing licenses and permits.
The ruling allows Tsouflidis to open a bar on the restaurant’s second floor, but he said he will not do that, and that he and his customers like the restaurant as it is now.
The restaurant has a bar on the first floor and an upstairs dining area.
He filed the lawsuit because he doesn’t think the restrictions were necessary, but said he doesn’t have hard feelings against anyone in City Hall.
“It was an attack on a small business,” he said.
Delaware Council Member Michael J. LoCurto, who represents the area around the restaurant, at 708 Elmwood Ave., said he didn’t think the ruling was an indication the Council went beyond its powers.
The Council explained why it was imposing the conditions, LoCurto said, noting that renovations to the restaurant were made before permits and licenses were obtained.
“I think this is a technicality because the judge says there is nothing in the record when the Council very explicitly listed the reasons why they were putting the conditions on, including advertisements the Acropolis made talking about the European nightclub they were going to have upstairs,” LoCurto said.
LoCurto is urging the city Law Department to appeal the ruling, which was filed with the court clerk on Thursday.
Tsouflidis’ suit was filed against the city, the Common Council, the city Department of Economic Development, Permit and Inspection Services and Patrick Sole, Jr., as director of Permit and Inspection Services.