State police raid Ohio gallery for serving free beer/wine

State police raid Ohio gallery for serving free beer/wine

Gallery: (216) 621-6644
loren.naji@gmail.com
Cell: 330 414-5706

Like many artists and gallery owners, Loren Naji hosts art openings with live music, hor d'oeuvres, beer and wine. This is a standard practice, practically all galleries, auction houses, realtor open houses, and small businesses during neighborhood festivals provide free libations to their patrons. If a patron so wishes, (s)he may provide a small monetary donation to help the business pay the bills.

On Friday, May 2, 2014, Loren Naji Studio Gallery hosted an art opening for the exhibition, Undercurrent, featuring street artists Ron Copeland, Steve Ehret, and Bob Peck, with local band, Yosemight, performing.

Around 5:50PM, ten minutes before the start of the opening, Cleveland police came and informed him that although he can serve alcohol at the event, he cannot take donations for the beer and wine, as that can be construed as selling liquor. He complied with their wishes. There was a coffee can labeled, “Donations for the Band” intended for the live performance.

Around 6:55PM, state liquor agency police from the Ohio Department of Public Safety Investigative Unit came and served the gallery with a cease and desist order, stating it’s against the law to provide alcohol, even for free, at a public event without a permit. They seized all the beer and wine, the donation can, and ordered all the patrons to empty their drinks in the sink. Furthermore, they informed Loren that prosecutors may pursue a first degree misdemeanor.

If prosecutors charge Loren Naji, will it set a precedent for all galleries within the state of Ohio, or even the United States for that matter? The standard practice of serving wine or beer in a gallery is a legal issue. Will states that allow alcohol in galleries have an advantage over states that don’t? As of right now, there are no liquor permits within the state that are relevant for for-profit galleries. There are regular liquor permits for restaurants and bars that cost a substantial amount of money. Restaurants and bars are open at least six days a week, buy their liquor wholesale, and make money from selling alcohol. They easily offset the cost of their permits. Galleries have much fewer events. There is no way to offset the cost of these costly permits. There are temporary permits that are only available to non-profits, which are not applicable to commercial galleries and auction houses.

A first degree misdemeanor charge for Loren Naji will indicate that all galleries within the state of Ohio that serve alcohol will need to apply for a permit or be in violation of the law. These permits may not be available, applicable or affordable

The artists and galleries hold a unique place in the revitalization efforts in Cleveland, bringing development and vibrancy to the area. Loren Naji himself has held gallery shows with profits and proceeds going to clean water efforts in Africa and children’s cancer care. He is collaborating with Scene Magazine, presenting the Cleveland Scene Virtual Gallery, a bridge that connects traditional and digital media. He has gotten numerous grants from various organizations such as Northeast Shores Development Corporation, where he will continue the tradition of artist led revitalization in the Collinwood neighborhood, turning an old bungalow into the only gallery in Cleveland dedicated solely to installation art. He was given a grant to purchase a RV that he will use to shuttle patrons between the art neighborhoods of Cleveland, thereby connecting communities, events, and people.

With all the attention and capital artists and curators have attracted for the city of Cleveland, is it really in the state’s best interest to alienate this group through the broad enforcement of alcohol permits?

This action has created a huge backlash within the city of Cleveland and is rapidly spreading out of state. It has attracted huge media attention in Ohio, television, newspaper and internet, especially blog sites and Facebook. It has inspired a public demonstration to be held at City Hall and The Claes Oldenburg Free Stamp.

A few video links:

http://www.19actionnews.com/story/25422201/art-gallery-raided

https://www.youtube.com/watch?v=YIWSgozWv3U&feature=youtu.be

https://www.youtube.com/watch?v=xXt2MPPOG1E&app=desktop

https://www.youtube.com/watch?v=iJLoNbWuXms&app=desktop

article links

http://www.coolcleveland.com/blog/2014/05/undercover-police-raid-local-art-gallery-during-opening-reception-of-3-local-graffiti-artists/

http://www.cleveland.com/arts/index.ssf/2014/05/state_agents_responded_to_mult.html

http://www.cleveland.com/arts/index.ssf/2014/05/police_raid_friday_night_openi.html

http://www.cleveland.com/metro/index.ssf/2014/05/state_agents_raid_west_side_ar.html?fb_action_ids=10202296062096711&fb_action_types=og.likes&fb_ref=s%3DshowShareBarUI%3Ap%3Dfacebook-like

http://www.clevescene.com/scene-and-heard/archives/2014/05/07/what-the-raid-on-loren-najis-studio-gallery-means-for-cleveland

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