Timnath tavern closes, but vows to fight back

By Dan MacArthur
North Forty News

While admittedly broken, Timnath tavern owner Jon Metcalf insists he's not beaten by the town board's refusal to renew the liquor license essential to his establishment's survival.

"As a town board, they collectively became a bully," he said. "I've dealt with a lot of bullies and I've never backed down. They don't have any right to take my business away."

Metcalf is owner of the Colorado Feed and Grain Roadhouse located in a converted historic grain mill. Timnath's most visible business, CF&G was noted for its Cajun feasts, live blues jams and popularity among motorcyclists who packed the parking lot with their rumbling Harleys.

"We are the touchstone to Timnath," maintained Metcalf. "We brought thousands of people into town."

The 6-year-old bar and restaurant closed, probably for good, on Feb. 10 after Metcalf decided it was no longer viable without revenue from liquor sales. Its closure put a dozen people out of work, he said, and may ruin him financially.

"I'm out of business. Basically they broke me," he said.

Even so, Metcalf said he will continue his legal challenges to what he contends was the town board's biased and unwarranted action. "I'm not going to give up regardless what," he insisted.

Metcalf believes he is the victim of the trustees' ulterior motive to rid Timnath of the annoying, loud motorcycles speeding through town - over which he has no control. "What it boils down to is they do not want the motorcycles in town," Metcalf contended. "They didn't want this town to become another Sturgis."

The town board, acting as the liquor licensing authority, on Sept. 1 denied renewal of CF&G's liquor license following more than seven hours of testimony over several nights. According to its findings, the board determined that denial was warranted for these reasons.

• CF&G patrons threatened the "health, welfare or safety of the immediate neighborhood" with their excessive noise, rowdy behavior and offensive gestures.
• The tavern violated state liquor laws by allowing patrons to expose their breasts and genitals and "touch, caress and fondle body areas."
• CF&G allowed alcohol to be consumed in the parking lot.
• And the business was unwilling to prevent further disorderly conduct, nudity and lewd displays.

Larimer County District Court Judge James Hiatt, in a Jan. 26 ruling, upheld the town board's decision not to renew CF&G's liquor license. In his review of the records, the judge concluded that the board acted within its authority and "conducted a fair and impartial hearing" with no evidence it had prejudged the issue. The judge did, however, delay revocation of the liquor license to Feb. 10. He said any stay beyond that date would have to be issued by the state Court of Appeals.

Metcalf's attorney, Zachary Wilson, is convinced he can demonstrate in his appeal that the town board's actions were arbitrary and capricious. "The findings are outrageous," he said. "I don't see why the court couldn't see the underlying bias."

For example, Wilson said, the establishment has never been cited for state liquor law violations. "These people had it out for the CF&G for a year," he said, noting that opponents kept a log of alleged violations and observed the establishment through binoculars. "I think there was a vendetta by these witnesses," said Wilson.

Town officials have remained mostly mum because of potential for further litigation. "It's (Metcalf's) argument in district court was that we were capricious and arbitrary, and we weren't," said Mayor Donna Benson, declining further comment because of the continuing litigation.

A sign on CF&G's door referred would-be patrons to inquire about the tavern's closing at the town hall. There a three-page question-and-answer statement issued Feb. 16 by town attorney Kathy Haddock was taped to the window. The document states that, in short, CF&G closed "because the owner decided to close it."

"There is no court order or other reason for the restaurant to be closed," it continues. "However, the Larimer District Court has issued an order affirming the town's decision that the CF&G cannot serve liquor because of the violations of the state law and an abuse of the neighborhood by CF&G. That order does not require the business to close, it just prevents the business from having or selling alcohol."

Haddock estimated litigation surrounding CF&G's liquor license renewal so far has cost about $10,000.

Long an irritant with some Timnath residents because of the loud and often unmuffled motorcycle traffic it attracts, Metcalf said CF&G came under increasing scrutiny following the 2003 Catholic School Girl Poker Run. Metcalf said the event went off without incident although it attracted lots of attention with riders attired in Catholic schoolgirl garb or religious regalia. "It was a sight to behold," he said, characterizing the event as a big Halloween party for people on motorcycles.

Plans for the 2004 rally prompted strong public protest to the town board and intense interest by the Larimer County Sheriff's Department, which was out in overwhelming force that day. "There was an unbelievable amount of sheriffs; it was a circus," said Metcalf. "We had zero problems."

At the same time, Metcalf said, he was facing fierce criticism about the cacophony caused by motorcyclists cruising through town to patronize CF&G. Metcalf said he cooperated with town officials, using his own motorcycle to measure the amount of noise. He said ultimately it became clear that "it wasn't a motorcycle problem, it was a speeding problem."

But Metcalf said he cannot control the speed or the conveyance used by his patrons. "You're trying to make me responsible for what people do on a county road," he said. "I can't tell people not to ride a certain vehicle to my establishment."

Metcalf acknowledges even if successful in challenging the town board's actions, it would be difficult to reopen CF&G now. At best, he hopes to transfer the remaining four years of the lease to a new proprietor.

But equally important, Metcalf insists he wants justice. He said that he's sold his motorcycle and other vehicles to finance further legal actions, including a possible civil suit to recover damages.

"I'm not going to give up regardless what," he said. "You cannot discriminate against anyone because you do not want them in your town. I haven't done anything wrong."