The Hard Times Cafe reopened Wednesday evening after the Minneapolis City Council stayed its decision not to renew the cafe’s business licenses.
Hard Times attorneys petitioned the Minnesota Court of Appeals last week. This Tuesday, the court asked the council to stay its decision against license renewal. The stay will keep the West Bank coffeehouse and restaurant open until the court formally reviews the matter.
Manager and co-owner Miki Takata said she is more optimistic about the cafe’s future now that the matter has gone to the court.
“Before, we had to go to the city council,” Takata said. “It seemed like there wasn’t due process involved.”
The Hard Times closed June 16 after Minneapolis Mayor Sharon Sayles Belton approved the council’s 7-5 vote against license renewal.
Council members acted in response to alleged drug trafficking on the premises, despite findings by an administrative law judge that a former employee acted alone. A police raid early this year found drugs on the premises.
Cafe attorneys Robert Dildine and Larry Leventhal worked to have the stay granted.
“It’s too bad that it’s gone this far,” Dildine said. “This is a real burden to put on a small business to go before the Court of Appeals.”
Although the court’s intervention merely stays and does not, at this point, reverse the council’s decision, it will keep the Hard Times open for the time being.
“It stays open until the appeal is decided,” said Tim Skarda, assistant Minneapolis city attorney. “I would say we’re looking at probably something in the order of six months.”
The cafe has 30 days to prepare a brief. Skarda’s office has another 30 days to respond to the brief. The court then will schedule a review date, Skarda said.
A three-judge panel will listen to arguments by Hard Times’ attorneys before deciding the cafe’s fate.
“It is temporary,” Takata said. But she added, “If we win the Court of Appeals, it won’t be temporary.”
Robert Koch covers police and courts and welcomes comments at [email protected].