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Club owner sues mayor and city
By Scott Fitzgerald, The Southern
Tuesday, January 13, 2009 8:38 AM CST
CARBONDALE - The attorney for a Carbondale club owner says he expects alleged motives will come out in a case accusing the city of Carbondale, its liquor commission and Mayor Brad Cole of singling out Club SIN and Stix for unfair and unwarranted treatment over the course of a year.

"For whatever reason, Brad Cole and the city of Carbondale are targeting these business operations. I expect the motives will come out as the case proceeds," said Richard Whitney, attorney retained for Knoob Enterprises and one of its employees, Samuel Mrofcza. The lawsuit was filed Dec. 31 in Benton at the U.S. District Court for the Southern District of Illinois.

It comes on the heels of the city's Liquor Control Commission, headed by Cole, that voted unanimously in early December to fine the clubs' owner, Greg Knoob, $1,000 for violating city ordinances on July 13 by allowing alcohol to be consumed and fighting to occur in the parking lot in front of his clubs.

The suit also names Sgt. Mark Diedrick of the Carbondale Police Department as a defendant.

Whitney said the petition is seeking a cause of action from the court for multiple counts of violation of equal protection clause under the 14th Amendment.

Typically, equal protection clauses have been utilized in cases alleging discrimination of individuals, but courts now are recognizing businesses, Whitney said.

Cole could not be reached for comment after telephone messages were left for him Monday.

Knoob Enterprises and Mrofcza contend in their petition that they were unfairly modified by the commission for a searchlight request at Club SIN for advertising purposes; unfairly fined for alleged encouragement of games or contests involving the awarding of alcohol drinks at the Stix location; fined on a second offense for serving a minor whereas another club was issued a reprimand for a similar incident; and denied equal protection under the law for incidents involving drinking and fighting on its premises.

The suit also alleges Cole directed police officers in their actions at the club, including a raid for marijuana without probable cause or justification.

Both Diedrick and Cole are also said to have used less than desirable language in some of their interactions with Knoob, according to the lawsuit. Diedrick is also accused of an illegal seizure of a video camera belonging to Mrofcza.

The plaintiffs request an undetermined amount of damages, according to the petition.

scott.fitzgerald@thesouthern.com

351-5076


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peopledrivemenuts wrote on Jan 13, 2009 1:57 PM:

" if he was at fault then fine. I know Greg i have nothing against him and i have nothing against Cole, however if the city wants to just fine one establishment then go beat it, but there are up to 3 different places on that property...

Pinch security let hussy girls do whatever they want, if you flaunt ur stuff then its your night...come one people, its a bar, its going to be loud and people are going to do stupid things with alcohol in their system!... "

siunoise wrote on Jan 13, 2009 1:40 PM:

" First off, I will go over the Neon's Centralia thing. Since I am retired I seem to have a lot of time on my hand and did the research on this when you last posted. It appears that Mr. Knoob had the "law" as you call it in Centralia to be found unconstitutional.

In that case I would say that he was in the right when our courts found in his favor. So, therefore we have no law being broken. That said, whether underage drinking occured under this Zane Holder does not mean that Mr. Knoob allowed or tolerated such activity or was a party to such activity. Nowhere that I can find other than in your rants does anyone suggest that Mr. Knoob was involved in anything of the sort.

Now, onto the current matter at hand. The "law" in this case from what I can understand is not being disputed. Mr. Knoob or his Corporation is suing in order to have the laws applied equally. I have seen nowhere that it indicates that Mr. Knoob was a party to the incidents in question. I would say yes it was on his property, and that everyone whose property was involved should have been ticketed and fined.

I am sure Mr. Knoob did not want anyone in his lot drinking. The reason for my name here is that I have problems with the noise coming from the Beer Gardens in Carbondale. I live over a mile away and it still wakes me up at night. I have complained and nothing has been done. Anyway, that brings me to why people would be in his lot. Would people be hanging out in his lot in order to listen to the music being played at such an extreme volume(this was the middle of summer so Pinches Beer Garden was surely open), or do they just choose to sit outside a club that I have never heard a sound at night from. I choose to believe that they would sit outside listening to the music so as to avoid paying a cover charge.

In my opinion that would be more of a fault of the city for not enforcing state laws regarding noise. The state has laws that can not be superceded by the city of carbondale. And in this case they have chosen to ignore the laws set by the state, and allow noise from these Beer Gardens. Does this seem right, it is the way it is, and I can only attribute that to the friendship between Pinch Penny and the mayor of Carbondale.

Sorry for my long rant everyone, but I love to see how people make up what they like. I am trying to be unbiased, but the city and the mayor have done enough to harm a very important part of my life. That being getting a full night of sleep, so I tend to back someone that would stand up to them.

That being said, I think everyone in this country is innocent until proven guilty and no court has ever found Mr. Knoob guilty. A city liquor commissioner is not a court, and can't be held to the same standard. "

madblogger wrote on Jan 13, 2009 1:21 PM:

" Please, I haven't been to a Carbondale bar since 1991. My tighties aren't in a wad, and I don't have an axe to grind. To call a non-law-abiding citizen as such, does not mean I am picking on poor, poor Greg who is misunderstood.

Exploiting the law is just as bad as breaking it. Thanks to Knoob, the county laws were ammended as well as Colp city ordinances to correct what Knoob exploited. Neon's, on the other hand was a total slap in the face to Centralia. Again, exploiting the law. Regardless, it's illegal to serve alcohol to minors (or in Greg's case, have a place where minors can bring their alcohol in and drink) Ask Zane Holder how much underage drinking went on there (Neon's). After all, he managed it in the late 90's. Knoob did the same thing in Centralia as he's now doing in Carbondale. File lawsuits against the city for harrassment.

I feel it's a waste of tax-payers money for him to try to get out of trouble by suing the city for enforcing the laws. Knoob's establishments did, after all, BREAK THE LAW. Let us not forget that. "

cchs-98 wrote on Jan 13, 2009 1:08 PM:

" siunoise and peopledrivemenuts obviously must be patrons of Knoob. did u guys post from the barstool? Knoob is at best shady. you should do a judici for Marion County & neons. Neons sure sounds like it had a lot of problems abiding by the rules. Speaking of which - if you don't break the laws you cant be charged now can you? Knoob being the champion for righting injustice is laughable - no - hilarious. What demented world do you live in? "

Felcher wrote on Jan 13, 2009 12:31 PM:

" Knoob is a 2 bit punk who can't fend for himself. Must be a pretty pathetic feeling that you are just a leech bleeding your Mom's bank account so I really can't see how anyone can have any sympathy for such a bottom feeder like him. BTW...b4 anyone spouts off, I have not, nor will I ever, loose a girlfriend to that maggot, but I'd be more than happy to set him up with one or two as there have been a couple that would be right up his alley!!

Cole is a slimy piece of work himself as he is underhanded and as corrupt as they come. Then again, he is a politician so much of that goes without saying.

That being said, businesses should be treated the same as elected and public officials should recognize that and abide as that one isn't too hard to follow. If they can't, then they deserve to burn time in court. It is amazing how Cole keeps getting elected and that someone hasn't taken care of Knoob once and for all....these folks deserve one another! "

cchs98 wrote on Jan 13, 2009 12:22 PM:

" Cole is a complete hypocrite. I know for a FACT that he offered and also purchased liquor for under age girls at pinch. It's also widely known that Cole and the karyanis'a (owners of pinch and copper dragon) are tight. Cole is using his political power of fining other establishments to help drum up buisness for pinch. If you go a little further, you can also assume that this patronage to pinch also benefits SIU and the athletic department through donations. This in turn, gives Cole another stepping stone to further his political career after already pledging 20 million to SIU through the tax payers money.

Cole is a slime ball. He's burn't a lot of bridges here in Southern Illinois. That's okay, you're known for company you keep. Karma is a b!tch, it will all come back soon enough. "

peopledrivemenuts wrote on Jan 13, 2009 11:50 AM:

" Madblogger must have had his heart broken or been thrown out of one of the clubs...get a life man.

everyone needs the same treatment...pinch should have been fined as well as picks liquor. they are all on the same property...We all know things would get crazy at SIN because people can't keep their cool and deal with stuff on their own time "

siunoise wrote on Jan 13, 2009 11:12 AM:

" madblogger kinda sounds like you have something against Mr. Knoob. Did he steal your girlfriend or something.

Anyway, that is neither here nor there. I have kept up on what has been going on over in Carbondale, and I was around for the Hot Spot stuff.

With the Hot Spot stuff, once again I told you last time that I have been unable to find anything substantiating that Knoob broke any laws. I am sure that if anything he did was against the law they would have filed some type of charges against him for those offenses, but from what I have seen that never happened.

Regarding the Carbondale stuff, from what I have read the incident occured in a shared parking lot with several other liquor establishments and his complaint wasn't that he was not liable for what happened but rather that the drinks were brought from Pinch Penny and the fighting also took place on Pinch Penny's portion of the lot, but only his manager received a ticket.

The lawsuit is about equal protection. You are obviously not a minority, and do not know what it is like when you are treated differently than others. Everyone deserves to be treated the same way, and from what I can tell that is all that Mr. Knoob is asking for.

As far as Mrs. Knoob I was also around for that and from what I can tell she was stopping a corrupt corporation from defrauding the government. I do not see a problem with protecting all of our interests in regard to our government being defrauded.

So, in conclusion, I would just like to say Mr. Knoob thank you for standing up for injustice. "

madblogger wrote on Jan 13, 2009 10:16 AM:

" Like his mother, Gregg is looking for a get rich quick scheme. What was it his mother got for ratting out BCBS? $12 million..... curious; at the time, Greg was doing medical billing.

This suing of the city is the same thing Greg did in Centralia. He operated a b.y.o. bar there in which under-agers frequented and got drunk all of the time. I wonder if Greg would blush if you asked him if anything illegal went on upstairs of Neons?

Then, let's take the Hot Spot. He illegally turned that into a strip club. He allowed teens in.... I mean, he just pretty much did whatever he wanted. Hmmmm, wasn't he like thirty sumpin and had like an 18 y.o. girlfriend when the Hot Spot was open? Didn't she get in a car wreck or something? I think she had been drinking. I don't remember the details to the story.

As far as the current story is concerned, I'm pretty sure the parking lot is still private property and the owner of the bar is still responsible for maintaining the peace. It's a little different if the bar is on the strip, and the parking is on hwy 51. A good little test to that is: Does the city maintain the parking lot, or does the bar owner? Regardless, allowing drinks outside the bar is illegal.

I think this case should be thrown out. I also think Greg lacks the morale fortitude to run a liquor establishment. You can't just allow the drinkers to do whatever they want. If it continues, sooner or later, we're going to be reading about a larger incident where several people will be injured or perhaps killed. "