Timnath tavern owner seeks assistance from ACLU

By Dan MacArthur
Fossil Creek Current

Timnath's Colorado Feed and Grain Roadhouse remains shuttered while its owner seeks a new proprietor and continues to pursue a lawsuit against the town board that denied renewal of his liquor license.

Jon Metcalf said he will not challenge the district court ruling upholding the town board's action. With legal bills already of almost $20,000, Metcalf said he could not afford the cost of what he expected would be a protracted appeal--particularly since the district court declined to delay the town's action during appeal.

Instead, Metcalf said he is attempting to recruit the American Civil Liberties Union to represent him in a civil suit against the town. He hopes to recover damages for the lost income resulting from the town's actions. Although the town has maintained that it was Metcalf's choice to close the CF&G, Metcalf said there was no choice because the roadhouse would not be profitable without the revenues from liquor sales.

While town officials have declined further comment because of the potential for additional litigation, Timnath resident John Aldrich said he's one of the few willing to openly support the board's action. Aldrich said he's far from alone, but others are reluctant to speak publicly for fear of retribution. Aldrich says he shares those fears, but is less concerned because he's in the process of relocating after 23 years in Timnath.

"The town board showed real courage," said Aldrich. "He (Metcalf) has not been a good citizen or a good person for our town.

"It's true I don't like the guy, but that's not why they didn't renew his license. He wouldn't follow the law," Aldrich continued.

Metcalf maintains that he was the victim of a vindictive and biased town board determined to shut down his 6-year-old establishment because of its disdain for CF&G's Harley Davidson-riding clientele.

The board, however, insists that it justifiably refused to renew CF&G's liquor license for good cause. According to the findings of the town board acting as the liquor licensing authority, the rowdy and offensive behavior of patrons threatened the "health, welfare or safety of the immediate neighborhood."

The board also found that the tavern violated state liquor laws by allowing patrons to indulge in lewd behavior. Metcalf strongly disputed those charges, noting that CF&G has never been cited for liquor license violations.

Larimer County District Court Judge James Hiatt in January upheld the board's actions, ruling that it acted within its authority following a fair and impartial hearing.

Aldrich attributed the fact that CF&G has not been cited for state liquor code violations to lax enforcement by the Larimer County Sheriff's Department, with which the town contracts to provide police services. Because deputies take their time getting to Timnath, Aldrich said, infractions have ceased before officers arrive.

Aldrich said CF&G attracts outlaw bikers who harass and intimidate residents, shouting obscenities and deliberately revving their ear-splitting engines.

While Metcalf acknowledged that CF&G was patronized by all types of motorcyclists, he disputed the claim that they harassed residents, and he dismissed Aldrich as a chronic complainer.

His priority now, according to Metcalf, is pursuing his civil suit and finding a new tenant to assume the remaining four years of his lease. He said supporters are planning a fund-raising concert at the Mishawaka Inn and a May motorcycle run through Timnath to assist him with his legal fees.