Buck yeah!
A Yankees fan who named his New Brunswick, NJ, bar Buck Foston’s to flaunt the team’s rivalry with the Boston Red Sox won $1.5 million from a jury that faulted the city’s mayor for putting the pub out of business.
Bar owner Larry Blatterfein sued the city of New Brunswick and its mayor, James Cahill — a card-carrying Red Sox fan — in 2011, claiming Cahill blocked the watering hole’s liquor license because he didn’t like the name, court papers state.
After six days of hearing evidence in US district US district court, the jury sided with Blatterfein — calling the license denial an outrageous First Amendment violation.
“Today, we scored one for the good guys,” said Brett Joshpe, of Joshpe Law Group, who is one of Blatterfein’s attorneys.
Going to bat for the sports bar was important to Blatterfein, the barman said.
“I like to play games with words . . . I protected that name because I feel it’s got a high value to it.”
Cahill and city officials at first argued the bar’s liquor permits were denied because of traffic problems and other safety issues.
But the jury heard testimony that the mayor had met with Blatterfein to ask him to change the name, which he allegedly called “vulgar.” During the conversation, Blatterfein asked Cahill why it’s OK to have a Cluck-U Chicken restaurant in town but not a bar called Buck Foston’s, court papers state.
Cahill responded that the name was fine because “chickens cluck,” according to the lawsuit.
His lawyers also showed the jury evidence that the sports bar met approvals from city safety inspectors. Buck Foston’s was to be located at a former Bennigan’s chain restaurant between Routes 1 and 18 — but lack of liquor license killed plans for the bar.
Blatterfein was so disturbed by the way the city handled the matter, he sold The Knight Club, a bar he had run for 30 years, he said.
He has since moved to Riverview, Fla., and still owns the trademark to the name “Buck Foston’s.”
But he doesn’t think it will do as well in the Sunshine State.
Instead, he and his family opened a new bar near Tampa called Sunova Beach.
He plans to use part of his $1.5 million to take his wife to Disney World because she “needs a break,” he said.
Blatterfein’s lawyer, Ed Paltzik, called the verdict a victory for freedom of speech and a blow to “abuse of power.”
“I think the jury realized that something was very wrong here,” said Paltzik.
The seven-person jury deliberated for two days before awarding Blatterfein $1.535 million.
A spokesman for Cahill declined to comment.