RI Supreme Court grants Ballard emergency motion to retain entertainment license with condition

Live entertainers are not permitted to perform at the Ballard Inn and the Resort is not permitted to do paid advertising for music offerings for the remainder of the season. Also, on weekdays he must have at least four guards and on weekends he must have seven guards, wearing identifiable “security uniforms”. “

Ballard’s will also need to coordinate with the town of New Shoreham to provide “adequate crowd control and adequate security.”

An emergency motion to stay was filed on Thursday, and State Supreme Court Clerk Debra Sanders entered the motion on Friday.

After a hearing on August 22, the town’s Licensing Commissioner’s Board, composed of members of the New Shoreham Town Council, unanimously decided to suspend the liquor and recreational license of Burrard Beach Resort for two weeks. . at the music festival on August 8 and later that night on the Block Island Ferry. Ballard filed an appeal with the state on Wednesday and had his liquor license reinstated.

In a motion Friday, Philippi’s attorney, Brian LaPlante, wrote that outdoor music was “essential” to Ballard’s outdoor beach and entertainment experience. He said the crowds were “insane” and that by Labor Day, “kids and college students were back in school, and adult summer vacations were overwhelming.”

Burrard Beach Resort owner Steve Filippi (left) sits with one of his lawyers during a town council hearing in New Shoreham, Rhode Island, on Aug. 22, 2022. Due cause hearings following multiple incidents of alleged fights, sexual assault and underage drinking. (Matthew Healy, Boston Globe)Boston Globe’s Matthew Healy

Ballard has no more festivals planned for the rest of the season. However, his Facebook page at the resort still lists his two live music events at Sean Rivers on Saturday and Fred Krug on Monday. Listed “house music” on Fridays from 10am to 9pm.

LaPlante wrote that allowing them to stay would allow Ballard’s to play recorded music on outdoor speakers. He said this was “essential” to the public’s experience at Ballard’s and the company’s ability to generate income for his 100-plus employees in the remaining weeks. “A season that depends on the weather.”

James Callahan, an attorney in the town of Newshoreham and an attorney at Callahan Law Firm in North Kingstown, has filed an objection to the stay.

“According to the standards set out in Harsch, petitioner ‘fails to strongly demonstrate the relevant elements required for a stay, and the request for stay should be denied by this court,'” he wrote. “Suspension will not occur unless the party seeking suspension “strongly indicates” that: (2) to suffer irreparable harm if the stay is not granted; (3) Do not cause substantial damage to other interested parties. (4) the stay is not prejudicial to the public interest; “

Callahan said the brawl at the festival was corroborated by eyewitness testimony, which was the only legal evidence supporting that the Licensing Commissioner’s Board suspended the license on August 22. He explained that Philippi’s testimony at the hearing explained why so many people attended the festival, that it had grown without aggressive publicity, and that there were “too many” people there. said no.

“Plaintiff, who claims no harm to the public, testified just a few days ago that he had little to no control over the number of people who flocked to Block Island in response to his incident,” Callahan wrote. rice field.

Callahan agreed that Ballard would likely suffer financially, but that “if allowed to stay, it pales in comparison to the potential risks to the health, safety and welfare of the community”.

Carlos Muñoz can be reached at [email protected]. follow him on twitter @ReadCarlos and on Instagram @Carlosbrknews.

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