Public nuisance trial set for Shapiros Aug. 16-17
Pub Date: 8/1/2008
The Pine Creek Cafe and Lodge, owned by brothers Dan and Ned Shapiro, is a mitigated success. Business has been increasing steadily since the acquisition in 2001.
But often with success comes a new round of challenges. In this case, when the brothers managed to fill the small, rural restaurant with diners or music aficionados, a parking shortage meant patrons were snugging vehicles along the shoulder of the roadway.
Some locals felt the parking situation was a hazard, others may have had their driveways inadvertently blocked. Clearly a few were annoyed.
Then, when the Pine Creek cafe ran live music, especially outdoors, a few calls came into sheriff s dispatch complaining of the noise.
According to Dan, "I can see their point," allowing that once, maybe twice, bands had played beyond the desired 11 p.m. "quiet time."
While Dan notes there are no noise ordinances on the county books, nevertheless "five or six" area residents filed a complaint with the Park County Attorney alleging noise nuisances, but focusing mostly on the perceived parking problem.
The brothers were approached to "cease and desist" but felt patron parking was not a matter they could control or dictate, and further believed the entertainment was legal and essential to the success of the business.
Besides, "people should be willing to make small sacrifices for the good of the community," Dan says. In addition, he says he believes there are uncomfortable implications for other businesses and groups that want to conduct events.
Next, they were criminally cited for maintaining a public nuisance and responded with an innocent plea. That resulted in June 5-6 trial date, busy lawyers, witnesses contacted the whole gamut.
The Shapiro brothers had a number of locals who were prepared to offer testimony that the business was well run, an important employer and an asset to the community. They were ready for their day in court.
But before that trial began, they were approached by the county attorney to work out a deal that involved a resolution of the parking situation (a neighboring rancher is now leasing the Shapiros pasture for parking) and an agreement to not let music run past 11 p.m.
The Shapiros accepted.
Out of the blue, however, the agreement was withdrawn June 12 by the county apparently at the behest of the complainants, Ned told the Montana Tavern Times June 18. Now a new trial has been set for Aug. 16-17.
Why did things go awry?
Ned says he's not sure, but says the complainants upped the ante, demanding that live music now cease by 9 p.m. "That's impossible'; we can't make that work" while serving a dinner crowd until late in the evening.
"I think some would just as soon have us out of business. Even if we did settle and fully comply, there would be one who would probably still complain. "But since we had an agreement in place, We're hoping a judge will look at it and say it was unethical to back out."
In the meantime, the Shapiros would rather be devoting their attentions to serving customers good food, beverage, lodging and entertainment.
Source: The Montana Tavern Times, August, 2008, published monthly by Continental Communications, 125 W. Granite St., Suite 102, Butte, MT 59701.