Ruling clamps down on Village Inn foe
June Casagrande
A Superior Court judge has ruled that a resident made false
statements against the Village Inn and should be restricted in her
future speech.
Judge Gerald G. Johnston on Tuesday issued an injunction against
resident Anne Lemen forbidding her from making false statements about
the Village Inn, making contact with the restaurant’s employees or
videotaping the business from within 50 feet, except from her own
property.
Lemen and her attorney said the ruling amounts to a violation of
her free speech rights. They vowed to fight the decision on
constitutional grounds.
“Now she has to worry about what she says and how she says it.
This is at the very heart of our constitutional rights,” attorney
Michael Bush said.
But an attorney for Village Inn owners the Toll family said the
decision proves that some of Lemen’s activities in fighting against
noise at the restaurant constituted harassment and defamation.
“The evidence was pretty compelling that her activities were not
reasonable,” said attorney Scott Russo, who emphasized that this
court battle was not about noise at the restaurant but about whether
Lemen crossed the line in statements she made to neighbors and
police, and in comments she has made to Village Inn employees.
“The line has been crossed,” Russo said.
Lemen denied that she had made false statements that some illegal
activities were going on at the business, but Johnston, citing
witnesses’ testimony, ruled that she had made such statements.
Lemen, whose home is next door to the restaurant and bar, has been
at odds with the business over noise and unruly patrons. City staff
is considering a request by the business to expand its live
entertainment -- a request Lemen opposes.
“It affects our health, our jobs, our children, our sleep, our
property values and our safety,” Lemen said.
* JUNE CASAGRANDE covers Newport Beach and John Wayne Airport.
She may be reached at (949) 574-4232 or by e-mail at
june.casagrande@latimes.com.
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