# Petition for Writ of Certiorari — Jakes, Ltd. v. City of Coates > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386015_0205%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Petition for Writ of Certiorari - **Published:** January 1, 2002 - **Citation:** 537 U.S. 948 ## Text ) Supreme Court, U8: FILED No. 73 187 AUG 1 2002 In The OFFICE OF THE OLERK Supreme Court of the United States ¢ JAKES, LTD., and RICHARD J. JACOBSON, Petitioners, VS. CITY OF COATES, Respondent. On Petition For Writ Of Certiorari To The United States Court Of Appeals For The Eighth Circuit PETITION FOR WRIT OF CERTIORARI ¢ RANDALL D.B. TIGUE Counsel of Record 3960 Minnehaha Avenue South Suite 100 Minneapolis, MN 55406 612/825-0936 Attorney for Petitioners be sail, 3) X Sniq ‘ssog ¥6/61/8 L fC Jo “qury OO;OrT ¢ MOUS ON xX [[BUlg ‘ssog ¥6/61/8 9 00°02 $ y xX IMG WD v6/8T1/8 cg 00°;8SZT ¢ 9) xX IMC WD b6/PI/S v 00;09T ¢ ) xX IMG b6/9L/P § 0O'rPFT ¢ y xX IMG b6/ET/T Z 0O'8zT ¢ 5) xX IMG WD €6/T 1/21 I 4809 uOIzISOdSsIGg ON sox uOoT}dLIDseq 848] eSUaJO | JUBPUSjeq Pezsjey soyer A235 Total Number of Cases: 38 Jakes Related: 17 Percentage Related to Jakes: 44.74% Total Prosecution Costs: $13,024.72 Total Jakes Related Costs: $9,211.70 Percentage Jakes Related Costs: 70.72% Average costs Per Year of Jakes Related Prosecutions: $1,580.05 (5 years, 10 months) (D = Defendant; V = Victim): Defendant Offense Date Charge/Disposition 1 12/11/93 Gross misdemeanor DWI; Open Bottle; Possession of Small Amount of Marijuana; Possession of Drug Parapher- nalia/Plead guilty to gross misdemeanor DWI May 19, 1994. Sheriff's Deputies were dispatched to Jakes on a report of an extremely intoxi- cated driver leaving the bar. Officers found D to have a blood alcohol of .17 and found an open 12-pack of beer in his vehicle together with a drug paraphernalia and a small amount of marijuana. 2 1/13/94 DWI; No MN Driver’s License; No Proof of Insurance; Failure to Change Registration File closed. Sheriff Deputy re- ceived a report of a possible intoxicated driver in the median on Highway 52 south of Jakes. D was found running toward Jakes stating he was 3 4 5 6 4/16/94 5/14/94 8/18/94 8/19/94 A236 going to use the telephone to call a friend as he [sic] vehicle had stalled and that he had drove it into the median so as not to leave it in the traffic lane. D was found to be DWI and admitted drinking at a friend’s home in Coates. Misdemeanor DWI/Plead guil- ty October 3, 1994. Dakota County Sheriffs Deputies received a report of a vehicle traveling erratically. Officers located the vehicle and found the driver to be DWI. Gross misdemeanor DWI; Plead Guilty July 21, 1994. Dakota County Sheriffs Dep- uty observed poor driving conduct on southbound High- way 52, initiated a traffic stop and found D to be DWI with a blood alcohol of .23. D admit- ted to drinking at a poker party. Gross misdemeanor DWI; No Proof of Insurance/Plead Guil- ty November 7, 1994, D was stopped by a Sheriffs Deputy for speeding and found to be DWI. D admitted to drinking at Peelers in Cannon Falls. Possession of Small Amount of Marijuana. File Closed. Sheriff Deputies were working under- cover in Jakes Bar. A search 7 8 9 8/19/94 8/19/94 8/19/94 A237 warrant was executed by Deputies and while searching the back rooms of the bar officers observed a “bong” and one of the female strippers scraping what appeared to be a Marijuana residue on a small plate. D entered the room stating that the “bong” was hers. A search of D’s bag later revealed a small amount of Marijuana. Possession of Drug Para- phernalia/Plead guilty Sep- tember 21, 1994. Sheriff Deputies were working under- cover in Jakes Bar. A search warrant was executed by Deputies and D was identified as one of the dancers. D gave officers permission to search her bag which revealed a “one hitter” pipe. Possession of Small Amount of Marijuana. Plead guilty on 9/28/94. Sheriff Deputies were working undercover in Jakes Bar. A search warrant was executed by Deputies and D was identified as one of the dancers. D consented [sic] the search of her bags which revealed a small amount of Marijuana. Disposing of Alcoholic Bever- ages as Part of a Commercial 10 11 8/19/94 2/24/95 A238 Transaction Without License; Aid & Abet the Operation of a Bottle Club Without a Permit. Pled guilty to two counts of Aiding and Abetting the Operation of an Illegal Bottle Club. Sheriff Deputies were working undercover in Jakes Bar. A search warrant was executed by Deputies where it was found that D was dispos- ing of alcoholic beverages without a license. Disposing of Alcoholic Bever- ages as Part of a Commercial Transaction Without License; Aid & Abet the Operation of a Bottle Club Without a Permit/ Acquitted. Sheriff Deputies were working undercover in Jakes Bar. A search warrant was executed by Deputies where it was alleged that D was disposing of alcoholic bev- erages without a license. Di- rected verdict for D based on lack of knowledge. Gross misdemeanor DWI; plead. Guilty February 23, 1996. Sheriffs Deputies were conducting a traffic stop when approached by a woman who stated tha: a vehicle had lost control, almost striking her and was in a field just south of Jakes Bar. Deputies responded to the areaand found DWI. 12 13 14 15 8/23/96 10/19/96 10/19/96 10/19/96 A239 DWI; Test Refusal/Plead guil- ty February 10, 1997. State Patrol Trooper responded to a 3 vehicle accident on Highway 52. D was found to be DWI and admitted drinking at a bar in West St. Paul. Gross misdemeanor Theft; Criminal Damage to Property; Aid & Abet Criminal Damage to Property. Pled guilty to gross misdemeanor’ Theft 1/6/97. Dakota County Sher- iffs Deputies responded to Coates Corner Store on a report of a theft in progress. D and two other suspects who had just left Jakes were arrested. Gross misdemeanor Theft; Criminal Damage to Property; Aid & Abet Criminal Damage to Property. Pled Guilty to gross misdemeanor’ Theft 1/6/97. Dakota County Sher- iff's Deputies responded to Coates Corner Store on a report of a theft in progress. D and two other suspects who had just left Jakes were arrested. Gross misdemeanor Theft; Criminal Damage to Property; Aid & Abet Criminal Damage to Property. Pled guilty to gross misdemeanor Theft 1/6/97 16 17 18 1/31/97 8/28/97 11/26/97 A240 Dakota County Sheriff's Deputies responded to Coates Corner Store on a report of a theft in progress. D and two other suspects who had just left Jakes were arrested. Agg. Violations; DWI; Open Bottle. Pending. D was ob- served speeding on north- bound Highway 52 near 160th Street. D admitted drinking and an open, partially full can of beer was found under the driver’s seat. Fifth Degree Assault/Dis- missed 6/1/98. D was charged with assaulting one of the dancers at Jakes for allegedly injuring one of the customers. Charges were dismissed by City Attorney’s office at trial because the V was not located to testify and did not appear at trial. DWI; Refuse to Test; Open Bottle. File closed. D was arrested for DWI after Sher- iff's Deputy observed poor driving conduct on County Road 48. Mr. Zimmer told the arresting officer that he had been drinking at a bar in Coates. Open bottles of Bud Light were found in D’s vehicle. A241 19 12/17/97 DWI; Refuse to Test; Open Bottle. Pled Guilty to Refuse to Test on July 23, 1998. D was observed speeding on southbound Highway 52 North of 170th Street. D admitted drinking and an open bottle of rum was found in D’s vehicle. 20 1/9/98 Fifth Degree Assault. Found Guilty by Jury July 16, 1998. D assaulted V at jakes over use of a cellular telephone. 21 and 22 1/17/98 Failure to Stop When Signaled by an Officer. Both Defen- dants pled to Failure to Yield to Emergency Vehicle on June 1, 1998. Defendants were operating ATVs and failed to stop when officers activated their emergency lights near Coates Corner Store. 23 3/26/98 Driving After Suspension/ Guilty Deputy was dispatched to Jakes because of an alarm going off. D was observed driving away from Jakes, further investigation revealed that D’s driving privileges were suspended. 24 6/14/98 Disorderly Conduct/Pled guilty 7/15/98. D was charged with disorderly conduct following an incident at Jake’s when he refused to leave. A242 25 5/4/98 Violation of OFP/Matter con- tinued for dismissal 6/17/98. D violated OFP by telephoning victim at work on several occasions and by sending two friends to victim’s home to remove personal property on his behalf. 26 8/6/98 Careless Driving: No MN Driver's License. Pending. D was involved in a motor ve- hicle accident in the area of Highway 52 and 160th Street. It is alleged that D drove in a careless manner and did not have a MN Driver’s License. 27 8/13/98 Fifth Degree Assault. Pled Guilty 11/2/98 to Disorderly Conduct. D assaulted V at V’s mother’s home. 28 9/20/98 No MN Driver’s [sic]; No Proof of Insurance. Pled to No MN Driver’s License. D is alleged to have struck a motor vehicle in the parking lot of Jakes. Further investigation revealed that D had no MN driver’s license or proof of insurance. 29 10/15/98 Fifth Degree Assault. D struck V at Coates Corner Store over a debt. Plead guilty January 6, 1999. 30 1/9/99 Fail to Yield Right-of-Way. Pled Guilty 4/21/99. D pulled out on Highway 52 and was struck by a southbound vehicle. A243 31 2/3/99 Enhanced ¢ ross misdemeanor DWI; Te Refusal; Open Bottle/P] . July 15, 1999. A complaiit was made of an erratic driver in the area of Highway 52 and 200th Street. D was found at the Coates Corner Store and is alleged to be driving under the influence of alcohol. D refused all field sobriety tests and alcohol intoxication tests. 32 3/1/99 Same Defendant 28. Gross Misdemeanor Criminal Vehic- ular Operation; DWI; No MN Driver’s License/Pled Guilty to Criminal Vehicle Operation and No Minnesota’s Driver’s License on September 23, 1999. D pulled out from Clay- ton Avenue and was struck by truck. D had a blood alcohol of 17. 33 3/19/99 Gross Misdemeanor Fifth De- gree Assault. Pled 9/28/99. D assaulted V at Jakes — unknown motive. Continued for dismissal after V moved to New York and did not appear for trial. 34 4/17/99 Fifth Degree Assault; Disor- derly Conduct. Pled to Disor- derly Conduct 9/20/99. D made obscene gestures to V while traveling southbound on High- way 52; V confronted D and D punched V. A244 35 5/3/99 Driving After Suspension; Theft; Hit & Run; No Proof of Insur- ance/Pled 9/9/99 to Driving After Suspension & Theft. D left Coates Corner Store without paying for gasoline and struck a metal pole in the parking lot while leaving. D’s driving privileges were suspended. 36 6/17/99 Driving after Revocation; Failure to Yield Right of Way/ Pending. D is alleged to have pulled out in front of a vehicle northbound on Highway 52 from County Road 81. D’s driving privileges were re- voked. 37 7/3/99 Driving After Revocation; No Motorcycle Endorsement. Pled to Driving After Revocation 9/2/99. D was observed travel- ing on a motorcycle at 160th Street and Highway 52 with- out a helmet or eye protection. D’s driving privileges were revoked. 38 7/9/99 Misdemeanor DWI. Pending. D is alleged to have passed out in a motor vehicle at the Coates Corner Store. D is alleged to have had a blood alcohol of .16. A245 CONCLUSION: Contrary to the conclusion found on page 8 of the Position Statement submitted by McLaugh- lin Consulting Services, Inc., the ~resence of adult enter- tainment within the City of Coates has a significant effect on the number of crimes committed within the City and the cost to the City in prosecuting those crimes. Respectfully submitted, Severson, Sheldon, Dougherty & Molenda, P.A. /s/ Michael E. Molenda By: Michael E. Molenda Coates City Attorney MEM/lak A246 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Jake’s Ltd., Inc., a Minnesota corporation, and Richard J. Jacob- son, AFFIDAVIT OF Plainti RICHARD J. JACOBSON aintiffs, vs. City of Coates, a municipal corporation, Court File No. 19-C4-00-6087 Defendant. STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) Richard Jacobson being first duly sworn on oath, hereby deposes and says the following: ; 1. Your affiant is one of the Plaintiffs in the above- entitled matter. 2. Your affiant is the owner of the real estate on which Jake’s Bar in Coates is located and a 50% owner of the corporate Plaintiff, J ake’s Ltd. 3 Your affiant has reviewed the memorandum of Michael Molenda, dated October 29, 1999, concerning the purported “effect of adult oriented business on crime and prosecution costs in the City of Coates.” 4. The purported impact of Jake’s on crime and prosecution costs in the city is gravely exaggerated and A247 such exaggeration would be readily apparent to any member of the Coates City Council. 5. Of the 17 prosecutions alleged to be “Jake's related” nearly five, or nearly one-third, arose out of the single incident. 6. Of the $9,211.70 in prosecutor costs, $5,705.68 or more than 61% arose out of the same incident. 7. That incident arose as a direct result of the litigation in Knudtson v. City of Coates, 519 N.W.2d 166 (Minn. 1994). 8. Until the decision of the Minnesota Supreme Court mentioned above, Jake’s Bar operated pursuant to an inunction [sic] issued by the Dakota County District Court invalidating the city’s refusal to renew Jake’s liquor license. 9. Jake’s continued to sell liquor pursuant to that inunction [sic] until August 18, 1994, when the Minnesota Supreme Court denied a petition for rehearing. 10. At the time, your affiant, then 24 years of age, managed the bar for Eileen Knudtson, who at that time owned the bar. 11. On the day the petition for rehearing was denied, your affiant, at the direction of Ms. Knudtson, removed all liquor from the premises, and packed it up for resale back to the distributors. 12. On the day after the rehearing petition was denied, August 19, 1994, your affiant, without consulting legal counsel (The bar’s attorney was in California at a convention of the First Amendment Lawyers Association A248 at the time), or his employer, decided to permit customers to purchase liquor across the streets at Coates Corners, bring it in and consume it on the premises. 13. Your affiant was unaware of the bottle club licensing statute. Had anyone advised your affiant that it was unlawful to permit customers to bring liquor onto the premises, your affiant would have stopped doing [sic] immediately. 14. Mr. Molenda instead of advising your affiant of the requirements of the bottle club law, chose instead to seek a search warrant for the seizure of all liquor on the premises, for the seizure of all currency on the premises, and for the seizure of all business records on the premises. 15. Asa result on August 19, 1994, some 20 sheriff's deputies barged into the premises, seized all the liquor that had been packed for shipment back to the distributors for resale, and seized all money on the premises, including a framed dollar bill representing the first dollar’s sale at the bar. 16. During the course of the search, petty misde- meanor amounts of marijuana were found on the persons of three of the dancers. 17. The execution of the search warrant was followed by significantly overcharged criminal prosecutions. Not only was your affiant charged with violating the bottle club law, Eileen Knudtson was as well, despite her total non-involvement in the decision to allow customers to bring liquor in. 18. Ms. Knudtson was further charged with illegal liquor sale, premised upon her attempt to sell the existing inventory back to the distributors, notwithstanding the A249 existence of the state regulations specifically permitting such sales. 19. The criminal prosecution led to motions to suppress evidence, motions to dismiss the criminal com- plaint, your affiant’s plea of guilty to a bottle club viola- tion, and a judgment of an acquittal on bottle club charges against Eileen Knudtson at the end of the state’s case. 20. If this single incident were removed from the calculation, there would be only 33 incidents, and 12 would be Jake’s related. Even in some of the remaining 12, the relationship to Jake’s is strained at best. For example: a. A DWI no Minnesota Driver’s License, no proof of insurance and failure to change registration charge is attributable to Jake’s because a driver with a stalled vehicle on Highway 52 was walking toward Jake’s to use the phone. b. An incident on 3/26/98 is attributable to Jake’s because an alarm had gone off. However, at that time Jake’s did not have a burglar alarm. No alarm was installed until early in the year 2000. The only alarm they could have responded to was one at Coate’s Corner, across the street. c. An incident on 3/1/99 is attributed to Jake’s, apparently because it involved the same Defendant who had earlier struck a motor vehicle in Jake’s parking lot some seven months earlier, and was involved in a traffic accident at the intersection of Clayton and Highway 52. 21. If these highly dubious incidents were removed from the calculation, Jake’s would be responsible for only 9 of 33 criminal prosecutions over five years. Given the fact that there are three commercial establishments within the A250 city at which crimes are likely to occur, being responsible for fewer than one-third of the crimes clearly indicates no particular negative secondary effects from Jake’s being there. 92. Your affiant executes this affidavit in opposition to Defendant’s motion for summary judgment. /s/ Richard J. Jacobson Richard J. Jacobson Subscribed and sworn to before me this 28th day of September, 2000. /s/ Michelle A. Hreha Notary Public [SEAL] MICHELLE A. HREHA NOTARY PUBLIC MINNESOTA MY COMMISSION EXPIRES JAN 31, 2005 ———————————— --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386015_0205%3A1. Public record. Not legal advice.