TROY — The married proprietors of a Lansingburgh bar are preparing to file a lawsuit against the city for racial discrimination and other violations of their constitutional rights. They claim that harassment from a Troy police captain resulted in their bar being padlocked by the city for five months and the continued suspension of their liquor license.
The owners, Jeffrey and Melissa Jackson, also face potential challenges in reclaiming their license from the State Liquor Authority (SLA), as the agency appears to have accepted the police department’s version of events despite security footage contradicting some of the allegations made against the bar. Additionally, a Troy judge dismissed the code violations cited by the SLA and city officials as justification for the bar’s closure.
In a notice of claim preceding the lawsuit, the Jacksons allege that Troy police actions on October 29, 2022, violated their constitutional rights, including freedom from discrimination, unlawful search and seizure, and violations of equal protection under the New York State Constitution.
Jeffrey Jackson owns the building through his real estate company and manages the bar, while Melissa Jackson owns the business and holds the liquor license. The couple, who are in their early 40s, live in Saratoga County and have other business ventures. They claim in their notice that the enforcement actions were motivated, at least in part, by racial bias, as the majority of their customers and themselves are Black.
A spokesperson for Troy Mayor Patrick Madden declined to comment on the matter due to the pending litigation, while Troy Police Chief Dan DeWolf stated that the police department closely monitored The Empire as a result of numerous community complaints against it.
In a deposition, Jeffrey Jackson described several negative interactions with Capt. Matthew Montanino, a long-serving member of the Troy Police Department, which led him to believe that racial biases were behind the aggressive enforcement against The Empire. Jackson mentioned incidents where Montanino provided an account of events without seeking his input. Montanino allegedly refused to view security footage that would have exonerated the bar on three occasions.
The Jacksons assert that prior to the October incident that triggered the bar’s closure, The Empire had never received citations from the city or SLA. They state that Montanino only cited two specific problems, public urination and trash on the sidewalk, which they believe were exaggerated and unfairly attributed to them.
The SLA suspension notice claims that The Empire was frequently open past its designated closing time of 2 a.m., but the Jacksons question why they weren’t given tickets or citations if this was the case. Chief DeWolf mentioned large crowds and a gunfire incident in relation to The Empire, but the Jacksons harbor doubts about the accuracy of these claims.
To argue selective enforcement, the Jacksons have presented videos and screenshots showing another bar in the area, owned by white individuals, engaging in activities that should warrant SLA fines or license suspension. They highlight instances of a barking dog on a barstool, indoor smoking, and alcohol being served past 4 a.m. The couple believes that their bar receives heightened scrutiny due to their race.
The planned lawsuit and suspension of the liquor license revolve around the events of October 29 at The Empire. Police and the Jacksons provide conflicting versions of the incident. Police Sgt. David Dean stated that he was instructed by Capt. Montanino to investigate the bar that night. However, surveillance footage reveals that Dean himself arrived at the bar immediately after closing time. Dean initially claimed the bar was locked, but the footage shows a patron leaving shortly before Dean’s arrival. The Jacksons dispute these inaccuracies and assert that Dean’s statement contains other errors regarding the bar’s permitted activities.
The notice of claim filed by the Jacksons sets the stage for a potential lawsuit seeking $1 million in damages. Attorney Kevin Luibrand, representing the Jacksons, asserts that The Empire received unwarranted attention from law enforcement, which was not extended to other bars in the area. As investigations continue, the Jacksons are determined to fight for their rights and seek justice for the alleged discrimination they faced.
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