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.