The Buckeye Institute has filed an appeal in the case of Flannery v. Eckenwiler with the U.S. Court of Appeals for the D.C. Circuit. The case involves Eric Flannery, the owner of The Big Board bar and grill in Washington, D.C., who claims that his First Amendment rights were violated. According to Mr. Flannery, members of the 6C Advisory Neighborhood Commission (ANC) protested the renewal of his establishment's liquor license as retaliation for his public criticism of D.C.'s pandemic shutdown orders.
David C. Tryon, director of litigation at The Buckeye Institute and Mr. Flannery's attorney, stated that "governmental bodies—such as D.C.’s advisory neighborhood commissions—cannot retaliate against private citizens for exercising their First Amendment rights." Mr. Tryon contends that the ANC 6C members conspired to revoke Mr. Flannery's liquor license due to his public statements.
The protest against renewing The Big Board's liquor license, initiated in October 2022, included charges that Mr. Flannery’s restaurant negatively impacted property values and posed a safety risk. However, the Advisory Neighborhood Commission members reportedly failed to provide evidence to support these claims and did not fully participate in mediation, as required by the Alcoholic Beverage Regulation Administration (ABRA). An investigation by ABRA found no support for the ANC 6C's claims, leading to the withdrawal of the complaint.
The lawsuit names six defendants, all residents of D.C., who were involved in ANC 6C. They are Mark Eckenwiler, the former chairman; Karen Wirt; Christine Healey; Drew Courtney; Joel Kelty; and Jay Adelstein.
The Buckeye Institute's co-counsel in the case includes Patrick Strawbridge and David L. Rosenthal from Consovoy McCarthy PLLC. Additionally, The Buckeye Institute is representing Mr. Flannery in a related case, Flannery v. D.C. Department of Health, which challenges the constitutional validity of certain emergency acts and orders by the D.C. Council and Mayor Muriel Bowser.
For more information on the case, visit BuckeyeInstitute.org/FlanneryvEckenwiler.