BISMARCK, ND – The North Dakota Supreme Court says a District Court ‘erred’ in finding that a Fargo Municipal Code was ‘unconstitutionally vague’ and has reversed that court’s order in a case involving the Fargo City Commission and a local bar.
The high court’s decision says the Commission’s finding that the Windbreak violated code ‘is not arbitrary, capricious or unreasonable.’ They also say the decision by the Commission ‘is supported by substantial evidence.’
The case stems from an August 2023 incident in which Windbreak staff members removed an intoxicated patron who then drove away and was involved in a crash. The Fargo Police Department arrested the person and then began investigating the Windbreak regarding the serving of alcohol to the patron. A subsequent hearing was held before the City’s Liquor Control Board regarding a violation of the Fargo Municipal Code.
That hearing ended with the board recommending a finding that the violation had occurred – a decision that was upheld by the Fargo City Commission.
An appeal to the district court then took place, with the court reversing the findings of the commission, citing ‘concerns with the ordinance proscribing certain conduct that differs from the remainder of the Ordinance, the issue turns to whether the Ordinance passes constitutional muster, specifically void-for-vagueness analysis.”
Flag Family News has reached out to Tim O’Keefe, who represented the Windbreak Saloon in the case, and the City of Fargo for comment. As of the publication of this story, no response has been received by either O’Keefe or the City of Fargo.
