Judge rules against Stay Social in battle over revoked license
EVANS, Ga. (WRDW/WAGT) - A judge has ruled against Stay Social after the owner was in court on Monday to fight a decision that took away her alcohol license in Columbia County.
The decision will impact Renee Hajek not being able to hold an alcohol license in Georgia for the next 10 years.
The initial decision came from a 4-1 vote from the Board of Commissions in October of 2022.
The Superior Court upheld the decision, which took away the business’ ability to serve alcohol and led to their doors being shut for good at the end of 2022.
On Monday, Stay Social looked to reconsideration for past decisions. Renee Hajek told us she wanted the whole picture of what happened to be considered.
Stay Social’s attorney, Cary Wiggins from the Wiggins Law Group brought up the timeline lining up to the hearing was off and suspiciously follows drag shows put on by the business that received mixed reviews.
“They had this information in 2021. They renewed for 2022, and it wasn’t until late summer when the drag show was announced that they tried to take the license,” said Wiggins. “There are bars operating all over Columbia County, and they’ve never been audited, and everyone knows the big open secret. The drag show comes up, and all of a sudden, this bar loses, not suspended for a day, not fined, not ‘Let’s take your license for three days and see if you can jack up your sales three percent’, they just take it, and it smacks a First Amendment problem.”
The county did take its license in a hearing that Stay Social says had some flaws in how this matter was conducted.
“We contend was predetermined, and we contend that Stay was lulled into submission at that hearing,” said Wiggins.
Wiggins brought up advice that was given to Hajek by the county manager, Scott Johnson, before the hearing.
“You have a county manager committing fraud; that’s the allegation,” said Wiggins. “That’s a harsh word, but you’re lulling Stay into submission.”
Bill Keogh, representing the county commissioners, says this isn’t against any rules.
“Looking at that, what’s alleged is a county official said you need to present your case at the hearing. There’s no improper statement there. I would say that’s good advice,” said Keogh.
Stay Social thinks this was far from ‘good advice’.
“It is making Stay give up all equal protection evidence, first amendment evidence, etc. to bring to bear at the license hearing,” Wiggins says as he also notes the conflict of interest of the county manager giving this advice. “To add insult to injury, the county manager is the prosecutor. I was aghast when I watched the video of the license hearing and saw the county manager step up and cross, lead witnesses to ensure the revocation of the license. I couldn’t believe it.”
Looking back at the numbers, Keogh says they’ve never argued they weren’t breaking the ordinance by having over 50% food sales.
“I don’t think the petitioner really challenged that they didn’t meet their numbers, so there clearly was at least some evidence. They had their A present to testify if the numbers made the 50 percent, the A could’ve testified to that effect and did not testify to that,” said Keogh.
Stay Social says there should’ve been other options on the table as opposed to revoking the license.
“We can quibble if Stay Social was within 3 percent of achieving the 50 percent or if it was some number a little bit lower, but I don’t think we need to quibble about a 4-1 vote to revoke a taproom’s alcohol license mid-year for not achieving this fantasy number. It’s just so improper. It raises a host of due process problems, and we understand the equal protection evidence came in late, but that’s why we need to unravel this and see what’s happened there,” said Wiggins.
All of what was presented can’t bring back Stay Social.
“This business was obliterated. It’s gone,” said Wiggins.
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