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