Tempe Tavern sues city over alleged 'smear campaign'
TEMPE, Ariz. - The owners of Tempe Tavern have filed a lawsuit against the city of Tempe, alleging a "smear campaign" and selective enforcement following a series of high-profile underage drinking raids.
What we know:
The lawsuit follows two major police stings at the bar last year, including a November raid in which Tempe police cited 246 underage patrons. The business claims the city’s actions have devastated its revenue, which the owners say is now approximately 10% of what it was prior to the police scrutiny.
The bar also alleges the city defamed the business by publicly linking it to a fatal September hit-and-run crash involving a 19-year-old suspect. According to the lawsuit, the suspect presented a verified identification card showing she was 22, and she had reportedly attended several other parties on the night of the crash—details the owners claim police omitted.
Docs: Underage patrons allegedly paid Tempe Tavern bouncers to enter without ID
New records show the heat is on Tempe Tavern, detailing hundreds of citations issued to patrons for underage drinking, along with claims that patrons paid bouncers to sneak in without ID, though the bar insists sophisticated fake IDs are the problem.
Dig deeper:
Legal experts say the bar faces a specific burden of proof.
"They’re going to have to prove that the city of Tempe is targeting them and not going after other businesses," said Arizona attorney Benjamin Taylor, who is not involved in the case. "However, if there’s underage drinking, the police are allowed to go after underage drinking. That’s the law."
The city of Tempe confirmed it received the lawsuit. In a statement to FOX 10, city officials called the claims of targeting "absurd" and noted that the police department acted on multiple community complaints regarding underage drinking.
The Arizona Department of Liquor Licenses and Control (DLLC) is conducting an ongoing investigation into the establishment. While those findings have not yet been released, Taylor noted they will likely play a pivotal role in the litigation for either side.
Full Statements:
Below are the full statements from both the city of Tempe and Tempe Tavern.
City of Tempe statement
"The City of Tempe has received a Feb. 24 notice of claim from Tempe Tavern that claims – falsely – that the bar was chosen for selective enforcement by Tempe Police.
Tempe Police Department received multiple complaints from the community regarding underage drinking at the bar, located along Apache Boulevard in Tempe. Subsequent police investigations resulted in hundreds of arrests related to underaged drinking. Investigators also learned that an underaged woman involved in a vehicle accident involving a fatality was present at Tempe Tavern on the evening of the crash.
Over a two-year period, Tempe Police arrested and cited 530 underage customers for providing fake IDs or underage drinking at bars citywide. About 420 of those arrests – just under 80 percent – occurred at Tempe Tavern. This establishment’s actions and continued blatant disregard for the law and public safety speak for themselves.
The notice of claim estimates damages in lost business and "reputational harm" of more than $9 million. The City forcefully rejects this claim as absurd. The City of Tempe and the Tempe Police Department will continue to stand up for the safety of our community and the young people who live and go to school here."
Tempe Tavern statement
"The police and DLLC are aware that Tempe Tavern follows all liquor laws and regulations and is a scrupulous operator. Nonetheless the Defendants have targeted my client for extinction. The false narrative that persists and that is crippling Tempe Tavern is thanks to the smear campaign against them that is outlined in our complaint."