BUFFALO, N.Y. (WKBW) — The owner of VENU has filed a lawsuit against the City of Buffalo, arguing it should be allowed to continue hosting patrons under 21 as city officials intensify enforcement efforts in the Chippewa entertainment district.
The lawsuit comes amid a broader crackdown on Chippewa Street following a summer marked by shootings, fights and other disturbances that prompted city leaders to adopt new safety measures.
Jake Piorkowski, the attorney representing VENU owner Gregory Kales, contends that VENU is not a bar but an event center that has operated under that model since opening in 2016.
"When VENU started back in 2016, the city was explicit in the fact that you could have commingling events, events where patrons 18 years of age and up could be present," Piorkowski said. "Without warning or notice, we were told we can't do that anymore."
Piorkowski argues that VENU has long operated as an event venue and possesses permits required for that use and shouldn't be subject to restrictions barring patrons under 21 like at a bar or tavern.
The city sent a cease and desist letter to VENU in August, contending that it needs to submit a special use permit to allow co-mingling for people 18 to 21 at its establishment and had failed to do so.
The dispute comes as Buffalo officials continue efforts to address public safety concerns around Chippewa Street. Over the summer, the city implemented new rules, shutting down the street to traffic, ordering parking lot owners to close off the lots at night and stepping up enforcement of permits and codes.
Earlier this week, the owner of the Cowboy Bar was arrested after police said he allegedly stabbed a man during an altercation across the street. Mayor Sean Ryan said the city has moved beyond voluntary compliance efforts with some establishments.
WATCH: 'We need to change the culture of Chippewa': Buffalo mayor seeks permanent closure for bar after stabbing
"The time for having cooperative conversations with the bar owners is over because several of them have no interest in cooperating," Ryan said.
Ryan said city inspectors have identified multiple violations during enforcement operations.
"We sent fire marshals into bars, found violations. We found violations of the maximum code and we found numerous violations of under-21-year-olds in the bars when they are no longer permitted to be there," Ryan said. "Those are all violations."
WATCH: VENU sues Buffalo over Chippewa Street restrictions
VENU maintains that its customers are not responsible for public safety issues that have happened in the district. Instead, Venu representatives argue the problems this summer stemmed largely from teenagers gathering outside businesses, particularly in parking lots that the city has since ordered closed overnight.
Tim Walton, event manager for Venu, said stakeholders want to see downtown Buffalo continue to grow and remain an economic driver for the city.
"We're the biggest part of the entertainment district," Walton said. "We want to continue to see downtown grow, to see the businesses grow and to see the economy in Buffalo grow with it."
