Judge lets liquor stay at Go Go

Photo

Sebastian Rucci

Staff report

Austintown

A Franklin County judge is letting the liquor flow at an Austintown nightclub.

Judge Stephen L. McIntosh, of Franklin County Common Pleas Court, has issued a stay of the revocation of the Go Go Girls Cabaret liquor permit.

This means the club, 5455 Clarkins Drive, is legally able to sell alcohol until the case against it is resolved.

The Ohio Department of Commerce Division of Liquor Control issued a letter Monday to owner Sebastian Rucci stating that the club’s liquor license had been revoked.

Matt Mullins, spokesman for the division of liquor control, said the stay is a court matter, and he had no further comment.

Rucci’s attorney James Vitullo filed an appeal Wednesday in the same court of a Dec. 22, 2010, judgment entry that denied the club’s motion to dismiss the case.

Rucci said after the Dec. 22 decision that the court clerk failed to serve him a final notice of the judgment, making his appeal — though six months later — valid and timely.

Judge McIntosh noted and verified this fact in his stay order, which was granted Thursday.

The stay was granted on the grounds that Rucci has a valid appeal and should be able to operate his business with a valid liquor permit until the case is concluded, according to court records.

“The main purpose of stay pending resolution of an appeal is to prevent irreparable injury. ... If a stay is not granted, the appellant’s business will close, and the appellants will be thwarted in their attempt to get full benefits of a favorable and effective ruling on appeal.”

Rucci said he’s pleased with the judge’s decision.

“We’re happy,” he said. “I felt we were right on that point all along, and I’m glad the judge saw it that way.”

Over the past three years, Rucci has been in and out of state and federal courts appealing attempts to revoke the club’s permit.

He said the media attention his cases have garnered have affected his business.

“Of course all of this impacts the club,” he said. “But we continue to stay open until this is resolved.”