A class-action lawsuit against downtown bars has state tavern league officials and local bar managers talking, planning and in some cases ridiculing as they explore defense options and state-level implications.
Three UW-Madison students filed the suit against 24 bars near campus and the Madison-Dane County Tavern League last week. The suit alleges that by eliminating weekend drink specials, the taverns are committing a felony violation of state and federal antitrust law.
The voluntary ban took effect Sept. 13, 2002 as a compromise move meant to prevent a mandatory ban from the City Council.
Because both individual bars and the Tavern League, which represents the bars, are named in the suit, the Tavern League will likely get a lawyer to represent both the league and the bars, said Dustin DiMarco, manager at State Street Brats, 603 State St., a tavern named in the suit.
Marsh Shapiro, Tavern League representative to the Alcohol License Review Committee and owner of The Nitty Gritty, 223 N. Frances St., said representation by the league is a possibility, but could not confirm this would be the final plan.
Shapiro also said the Tavern League of Wisconsin may join the defense as a second party, and the suit is being discussed at TLW's current convention in Milwaukee.
\There is some feeling that if a suit like this is filed and could possibly be successful in Madison that it might be tried in other parts of the state,"" Shapiro said. ""Their interest is from the statewide level and because of that ... they may decide that they want to jump in and be a party fighting this lawsuit as well,"" Shapiro said.
DiMarco said a realistic judge should be able to see that the ban was not intended to harm students.
""It was [a] shock ... getting sued for something that the city told you to do and the university told you to do,"" he said. He added the bars enacted the ban to preserve drink specials five days a week, and a city ban might have been mandatory for weeknights.
""Average Joe customers think it's a frivolous lawsuit,"" DiMarco said.
When asked what response Plaza management thought to take after learning of the suit, Nick Saganski, manager at The Plaza Tavern, 319 N. Henry St., said, ""You mean after we stopped laughing?""
Saganski said everyone he has talked to thinks the suit is ""silly.""
He said The Plaza never offered drink specials and so the ban would not have affected it and it should not be named in the suit.
Shapiro said formal action from the bars will not come soon.
""From when I got served with the papers for this, we have 45 days to respond and it will be about that,"" Shapiro said.
