IN THE CHANCERY COURT OF HAMILTON COUNTY, TENNESSEE

DICEMAN ENTERPRISES, LLC,

d/ b/ a THE BLUE LIGHT

Petitioner,
Case No. 21- 0831

vs.

Part 2
CITY OF CHATTANOOGA
BEER AND WRECKER BOARD,

Respondent.

PETITIONER' S MOTION TO AMEND WITNESS AND EXHIBIT LIST

COMES NOW, Diceman Enterprises, LLC d/ b/ a The Blue Light ( hereinafter " Petitioner"

or " The Blue Light"), pursuant to Tennessee Rules of Civil Procedure Rule 26 et seq. and Rule 30

et seq., and by and through undersigned counsel, hereby submits this Motion to Amend Witness

and Exhibit List.

On or about June 5, 2022, there was a shooting outside of a Mary' s Bar and Grill on

McCallie Avenue in Chattanooga, Tennessee. The shooting in question left three people dead and

fourteen injured. Mary' s Bar and Grill were issued multiple citations stemming the events of June

5, 2022. At the subsequent Chattanooga Beer and Wrecker Board hearing, four out of five of the

alleged violations were dismissed. The only violation for which Mary' s Bar was cited was for

use of premises not authorized by permit" because their business license was expired. (Article
attached hereto as " Exhibit A").

Petitioner has alleged and continues to maintain the position that the Chattanooga Beer

and Wrecker Board has and continues to arbitrarily and inconsistently interpret and enforce the

Codes and Ordinances of the City of Chattanooga. In this case, the Chattanooga Beer and

2022 JUN 22 PM I: 03
Wrecker Board are construing a legislative enactment of the Codes and Ordinances of the City of

Chattanooga and performing a quasi-judicial function. Boards acting to construe a legislative

enactment and the Tennessee Courts are bound to act in conformity with settled law. Rules of

statutory construction applicable to acts of the state legislative body are equally applicable to

municipal and county ordinances. Under the doctrine ofjudicial estoppel, a party will not be

permitted to occupy inconsistent positions or to take a position in regard to a matter which is

directly contrary to, or inconsistent with, one previously assumed by him, at least where he had,

or was chargeable with, full knowledge of the facts, and another will be prejudiced by this action.

Faust v. Metro. Gov't ofNashville, 206 S. W. 3d 475 ( Tenn. Ct. App. 2006)).

Based on the foregoing laws, the City of Chattanooga Beer and Wrecker Board has a duty

to be consistent in their rulings and their interpretations of the law. They have failed in this duty in

a way that prejudices the Petitioner and have a direct bearing on this matter. Therefore, the

Petitioner should be allowed to directly examine a representative of the City of Chattanooga Beer

and Wrecker Board about its decision -making process.

Petitioner requests this Court for an Order allowing the Amendment of Petitioners Witness

and Exhibit List ( attached hereto as " Exhibit B") and to allow a subpoena to be issued for a

representative of the City of Chattanooga Beer and Wrecker Board to appear at trial and testify

regarding the specifics of the seemingly inconsistent rulings of the board, more specifically

described in " Exhibit 1" of the subpoena attached hereto as " Exhibit C".

The very recent shooting at Mary' s Bar and Grill and the City of Chattanooga Beer and

Wrecker Board' s determination and findings about the events surrounding said shooting have

necessitated this late Amendment to Petitioner' s Witness and Exhibit List and the late filing of the

attached subpoena. Any prejudice that the Respondent may suffer by the granting of this Motion
is minimal compared to the prejudice that Petitioner will face if it is denied the opportunity to

examine the City of Chattanooga Beer and Wrecker Board' s designated witness.

Wherefore, the Petitioner respectfully requests that this Court issue an Order granting its

Motion to Amend Witness and Exhibit List, to order the issuance of a subpoena for the testimony

of a representative of the Chattanooga Beer and Wrecker Board, and any other remedies that this

Court deems just and proper.

Respectfully submitted this, 22" d day ofJune 2022.

BARHAM & MAUCERE LLC

By: / s/ ZACHERYS. DARNELL

SCOTT R. MAUCERE ( BPR #027407)
ZACHERY S. DARNELL ( BPR #035914)
6708 Heritage Business Court
Chattanooga, TN 37421
423) 855- 1755 ( telephone)
Attorneys for Petitioner

CERTIFICATE OF SERVICE

The foregoing document was served on each party below via email on this 22"d day ofJune, 2022.
OFFICE OF THE CITY ATTORNEY
CITY OF CHATTANOOGA, TENNESSEE
PHILLIP A. NOBLETT ( BPR #010074)
Deputy City Attorney

By: / s/ ZACHERYS. DARNELL

Zachery S. Darnell

NOTICE QF HEARING

All Part 2 Motions will be heard either in person or via

Zoom beginning at 1: 30 p. m. on JULY 11, 2022. To
participate by Zoom, the Meeting ID will be posted on Page 1 of
the online motion docket which can be found on
at hamiltontn. gov
the Chancery Court website
EXHIBIT A
https:// www.Iocal3news. com/ marys- bar- and- grill- beer- license- suspended- 3- days- after- board- finds-
guilty- of- violation/ article_ e85dd7ac- eda4- 11ec- b653- 5f627359b136. html

Mary's Bar and Grill beer license suspended 3 days after board
finds guilty of violation
Jun 16, 2022

Mary' s Bar and Grill has been shut down after the Chattanooga beer board
found the owners guilty of a violation. This is in connection to the June 5th
shooting on McCallie avenue where 3 people died and 14 others were shot It
happened right outside Mary' s Bar and Grill.

Chattanooga Police Sergeant Jason Wood presented the violations against

Mary' s Bar and Grill to the Chattanooga Beer Board. He said on the night of
June 5, when 17 people were shot and three died, the operation permit was
expired, they didn' t have any security on site, no one made a call to law
enforcement from the establishment, and Mary' s beer license had been expired
since December 31, 2021.

The owners, Willie Gholston and Demetrius Wilson came to the meeting to
defend their establishment.

You endangered, by what you' ve done," Chattanooga Beer and Wrecker Board
Chairperson Bill Glascock said.

2022 JUN 22 PH I: 04
r t r
 We didn' t endanger," Gholston said.

Yes you have, sir. You have been accused of operating a disorderly place,
okay?" Glascock said.

Yes sir," Gholston said.

You go ahead, I' m going to try to calm down and let you give us a reason why
we should let you continue to sell beer, go ahead," Glascock said.

Gholston said the crowd wasn' t from their bar.

This crowd from somewhere else," Gholston said.

He said only about 90 people were inside his bar that night and they had
security at the door and roaming the place.

We had nothing to do with that crowd that built up on the outside," Gholston
said.

So you' re saying you' re just guilt free is what you' re saying?" Glascock asked.

Yes sir, I am, we are guilt free," Gholston said.

When the co- owner, Demetrius Wilson, tried to explain she did call the non -
emergency number before the shootings occurred that night, the beer board
room erupted.

Gholston presented a renewed license to the board. Records showed it was

requested on June 10, 2022 and issued June 15, 2022, just days after the
shootings.
So you were operating without a license at the time?" Glascock asked.

We didn' t know that it wasn' t active," Gholston said.

As a result, the beer board found Mary' s Bar and Grill guilty of use of premises
not authorized by permit. The four other violations presented were dismissed.

Mary' s Bar and Grill will be suspended June 24th through June 26, 2022 and all
employees must complete beer training within 60 days.
EXHIBIT B
 IN THE CHANCERY COURT OF HAMILTON COUNTY, TENNESSEE

DICEMAN ENTERPRISES, LLC,

d/ b/ a THE BLUE LIGHT

Petitioner,
Case No. 21- 0831 and
Case No. 21- 0847
vs.

Part 2
CITY OF CHATTANOOGA
BEER AND WRECKER BOARD,

Respondent.

PETITIONER' S FIRST AMENDED EXHIBIT LIST AND WITNESS LIST

COMES NOW the Petitioner, Diceman Enterprises, LLC dba The Blue Light (" Petitioner"

or " Blue Light"), by and through undersigned counsel, hereby submit the following list of exhibits

and list of witnesses;

1. Melinda Foster
100 E. 1 l th Street
Suite 200
Chattanooga, TN 37402

2. Brian Joyce
c/ o The Blue Light
43 Station Street
Chattanooga, TN 37408

3. Joseph Bruns
c/ o The Blue Light
43 Station Street
Chattanooga, TN 37408

4. Madeline Wurm
c/ o The Blue Light
43 Station Street
Chattanooga, TN 37408

2022 JUN 22 PM 1: C' s

Hr.M a it C J f" '

5. Wes Jones
c/ o The Blue Light
43 Station Street
Chattanooga, TN 37408

6. Joseph March
c/ o The Blue Light
43 Station Street
Chattanooga, TN 37408

7. Officer Jason Wood

c/ o Chattanooga Police Department
3410 Amnicola Highway
Chattanooga, TN 37406

8. Former Officer John Collins

c/ o Chattanooga Police Department
3410 Amnicola Highway
Chattanooga, TN 3 7 406

9. Lieutenant Charles Brown

c/ o Chattanooga Police Department
3410 Amnicola Highway
Chattanooga, TN 37406

10. Officer Luke Simon

c/ o Chattanooga Police Department
3410 Amnicola Highway
Chattanooga, TN 37406

11. Officer Ryan Lynn

c/ o Chattanooga Police Department
3410 Amnicola Highway
Chattanooga, TN 37406

12. Officer Joseph Goulet

c/ o Chattanooga Police Department
3410 Amnicola Highway
Chattanooga, TN 37406

13. Michael Alfano

Comedy Catch and Backstage Bar
29 Station Street
Chattanooga, TN 37408

2
 14. 30.02( 6) Representative of the Chattanooga Beer and Wrecker Board
100 E. 1 l th Street
Suite 200
Chattanooga, TN 37402

15. Any witnesses necessary for rebuttal

16. All witnesses listed by the Respondents

Petitioner' s list of potential exhibits are as follows;

1. Diceman Enterprises LLC Formation Documents

2. 2022 Beer Permit

3. Respective City of Chattanooga Beer Board hearing transcripts

4. Any audio visual recordings of other incidents that may have happened on Station Street

or at bars located on Station Street

5. All exhibits listed or relied upon by respondents

6. All exhibits necessary for rebuttal

7. Petitioners reserve the right to update this Exhibit List further as deemed necessary prior

to trial.

Respectfully submitted,

Ru1eBARHAM & MAUCERE LLC

By: ZACHERY S. DARNELL

SCOTT R. MAUCERE (BPR #027407)
ZACHERY S. DARNELL ( BPR # 035914)
6708 Heritage Business Court
Chattanooga, TN 37421
423) 855- 1755 ( telephone)
Attorneys for Petitioner

3
 CERTIFICATE OF SERVICE

The foregoing document was served on each party below via email on this 22"d day of June, 2022.
OFFICE OF THE CITY ATTORNEY
CITY OF CHATTANOOGA, TENNESSEE
PHILLIP A. NOBLETT (BPR # 010074)
Deputy City Attorney

By: ZACHERYS. DARNELL

Zachery S. Darnell

4
EXHIBIT C
 IN THE CHANCERY COURT FOR SUBPOENA CASE FILE Nt MMBER 21- 0831
HAMILTON COUNTY, TENNESSEE TENN. R. Civ. PRO. 45
PLAINTIFF($)
TO: ( name, address & telephone number of witness)
DICEMAN ENTERPRISES, LLC dba
Chattanooga Beer and Wrecker Board
Designated Rule 30. 02( 6) Witness
THE BLUE LIGHT
DEFENDANTS)
100 E. I 1 th Street. Suite 200
CITY OF CHATTANOOGA BEER AND
Chattanooga, TN 37402
WRECKER BOARD
St BPOEN.A FOR PRODI CTION OF DOCt ENTARI EVIDENCE, TENN. R. Civ. Pro. 45. 02
You are hereby commanded to produce and permit inspection and copying of designated items ( books, papers, documents, or tangible
things, or inspection of premises) at the time. date, and place specified herein. Your personal appearance is not required provided you
sign a notarized affidavit that the books, papers, documents, or tangible things are authentic to the best of your knowledge,
information, and belief and state whether or not ail books, papers, documents, or tangible things responsive to this subpoena have
been produced for copying or inspection. Copies of this subpoena have been duly served pursuant to Rule 5 on all parties, and all
material produced will be made available for inspection or copying by all parties.
SI BPOE` A FOR DEPOSITION, TENN. R. CIV. PRO. 45. 04 Cia St BPOENA FOR HEARING OR TRLAL, TENN. R. CIV. PRO. 45. 05
You are hereby commanded to appear at the time, date. and place specified herein for the purpose of giving testimony. In addition, if
indicated, you are to bring the designated items listed. Failure to appear may be punished by fine/ imprisonment as provided by law.
Pursuant to TENN. R.Ctv. PRo. 45.07( 1), a party or attorney responsible for issuing and serving a subpoena shall provide the non-
party witness at least twenty- one ( 21) days after service of the subpoena to respond, absent agreement of the non- party witness or a
court order.
DESIGNATED ITEMS:
Date June 28th, 2022 Time 9: 30 am ET
Please see attached " Exhibit I" for specified topics for testimony.

IE Chancery Court. Part 2

625 Georgia Avenue, Room 300
Chattanooga, Tennessee

Place

Other:

Issued
ROBIN L. MILLER., CLERK & MASTER
This subpoena is issued on behalf of: DAtr

Ei PLAINTIFF 0 DEFENDANT
CERTIFICATE OF SERVICE ATTACHED YES NO
Attorney or pro se: ( name, address, & telephone number)
Barham & Maucere LLC BY:
DEPUTY CLERK & MASTER
Scott Maucere
6708 Heritage Business Court
Chattanooga, TN 37421
424. 855. 1755

Form 113. Rev 2019 10 16

1022 JUN 22 PH I: 04
 Service Return t and 2 are for the return of an authorized officer or attorney; an attorney' s return must be sworn to.
3 is for the witness who will acknowledge service and requires the witness' s signature.

1. I certify that, on the date of service stated below, I served a copy of this subpoena on the witness by:

2. I failed to serve a copy of this subpoena on the witness because:

3. 1 acknowledge being served with this subpoena on the date of service stated below.
notary: My commission expires
Date oIservice:
Date
deputy clerk
Sworn to and subscribed before me on
Date

Signature
Signature of Witness. Officer. or Attomey

Form 113, Rev 2019. 10. 16

 EXHIBIT 1

I. Definitions

1. The term " communication" is used in its broadest sense to encompass any transmission

or exchange of information, ideas, facts, data, proposals, or any other matter, whether

between individuals or between or among the members of_a group, whether face- to- face

or by telephone, whether oral or in writing, or whether by means of electronic or other

medium.

2. The term " concerning", or " evidencing" shall mean relating to, referring to, describing,

evidencing or constituting, reflecting on, arising our of, or being in any way or manner

legally, factually, or logically connected with the matter discussed.

3. The term " person" is defined as any natural person or any business, legal, or

governmental entity or association including, but not limited to, any corporation,

partnership, joint venture, firm, proprietorship, agency, board, authority, commission, or

other such entity.

4. The terms " related to," " regarding," and " relating to" mean anything that constitutes,

concerns, contains, embodies, comprises, reflects, evidences, identifies, states, deals with,

comments on, responds to, describes, discusses, depicts, analyzes, interprets, refers to, or

is any way pertinent to a subject.

II. Topics for Testimony

1. The facts. evidence, and reasoning concerning and/ or related to any determinations

and/ or rulings made by the Chattanooga Beer and Wrecker Board regarding Diceman

Enterprises d/ b/ a The Blue Light.

2. The facts. evidence, and reasoning concerning and/ or related to any determinations

and/ or rulings made by the Chattanooga Beer and Wrecker Board regarding the shooting

incident at Mary' s Bar and Grill on or about June 5, 2022.

3. Any and all communications, both public and private, regarding The Blue Light and/ or

Mary' s Bar and Grill.

4. The decision -making process of the Chattanooga Beer and Wrecker Board.

5. Any and all instructions and/or communications which have been formally or informally

provided to the Chattanooga Beer and Wrecker Board regarding the interpretation and

construing of codes, ordinances. laws, and statues.

6. The Chattanooga Beer and Wrecker Board' s policies and procedures.

7. The Chattanooga Beer and Wrecker Board' s requirements and prerequisites to be a

member on the board.

8. The City of Chattanooga Beer and Wrecker Board' s decision -making process for alleged

code violations and the issuance or suspension of beer licenses.