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IN THE CIRCUIT COURT OF HAIYIILTON COUNTY, TENNESSEE
THE CITY OF CHATTANOOGA
TENNESSEE.
Piaintiff
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Docket No.
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Division:
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TiMOTHY W. REID, FATHOM, INC.
and BEVERLY B. HENRY, TRUSTEE
412 MARKET STREET TRUST,
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Defendants.
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VERIFIED COMPLAI]{T TO ABATE
A NUISANCE AND FOR INJUNCTION RELIEF
The City of Chattanooga, Tennessee, by and through counsel, states its cause of action
against Timothy W. Reid, Fathom, Inc., and Beverly B. Henry, et al, as follows:
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PARTIES
Plaintiff, City of Chattanooga, (hereafter referred to as the "plaintiff' or
1.
the
"City") is a municipal corporation organized and existing under the laws of the State of
Tennessee.
Plaintiff and its officers are charged with enforcement of laws regarding the health,
safety and weifare and conduct
of persons within the corporate
boundaries
of the City of
Chattanooga.
2.
Defendant Timothy W. Reid, doing business as "Club Fathom," "Mosaic Arts
Venue" and/or "Mosaic Gallery" (hereafter "Reid") at all times mentioned in this action, was
a
resident of Hamilton County, Tennessee.
3.
Defendant Fathom, Inc., (hereafter "Fathom") is a public beneficial Teruressee not
for profit corporation and since 2003 has maintained a principal plape of business in Hamilton
County. Tennessee. Defendant Reid is an agent and principal operator of Fathom. Fatirom does
business as "Club Fathom." "Mosaic Arts Venue" and/or "Mosaic Gallery".
4.
Defendant, Beverly B. Henry, Trustee,4l2 Market Street Trust (hereafter the
"Trustee"), is the record owner of certain real property located in the City
Hamilton County, Tennessee and more particularly described in Exhibit
"
of Chattanooga,
A" attached to this
compiaint The property described in Exhibit "A" will be referred to here as the subject premises.
Upon information and belief, the Trustee is engaged in the business of real estate development
and management.
FACTS
5.
Plaintiff repeats the allegations of paragraphs one (1) through four (4) as if
set
forth at length here.
6.
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Upon information and belief and belief, Reid and Fathom controls by tenancy the
subject premises.
7.
The Trustee owns the subject premises that are located at 412 Market Street'
8.
Defendants Reid and/or Fathom operate a "church"
or a 'teen club" at
the
premises known as Ciub Fathom, Mosaic Arts Venue, and/or Mosaic Galiery (hereinafter, "the
Club").
9.
In 2006, the Chattanooga Police Departrnent responded to at least 14 incidents at
the Club, of which nine (9) were assaults. Three (3) of the alleged assaults were aggravated
assaults. Among the incidents reported to the Chattanooga Poiice Departrnent were:
(a)
On Juiy g,20[6,tlere was a large crowd involved in disorderly conducl.
A victim was stabbed during the disorder.
(b)
On July 30,2A06, a large crowd cf one hundred (100) to two hundred
(200) juveniles were observed fighting on the street after leaving the subject premises.
victim flagged down
a
A
police officer. The victim suffered a seven (7) inch wound caused
by a box cutter or knife. Another person was arrested after leaving Fathom.
The
defendant had a.firearm in his possession.
(c)
On September )4,2006, a person was arrested for assaulting a police
officer by striking the police officer in the chest. The defendant was arrested for
disorderly conduct.
10. In 2007, the Chattanooga Police Department
responded to at least 4 incidents at
the Club, of which two (2) were assaults. Among the incidents reported to the Chattanooga
Police Department were
(a)
:
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On June 13, 2007, one Club patron allegedly sexually assaulted (statutory
rape) another Club patron inside the Club. Alcohol use by juveniles inside the Club was
allegedly involved.
(b)
On September 7, 2007 , there was a large crowd inside the premises when
a disorder began on the dance
floor that resulted in a disorder between the victims. After
the patrons left the premises, assaults continued by Reid patrons. A victim alleged she
'
was the
1
1.
victim of an assault.
In 2008, the Chattanooga Police Department responded to at least 2 incidents
at
the Club. Among the incidents reported to the Chattanooga Police Department Were:
(a)
On February 26,2008, an altercation between two Club patrons inside the
Club resulted with one patron assaulting the other.
(b)
On April 15,2008, a Club patron alleged he was assaulted on the subject
premises.
12.
In 2009, the Chattanooga Police Department responded to at least 8 incidents
at
the Club, of which six (6) were assaults. Among tire incidents reported to the Chattanooga
Police Department wasi
(a)
On June 9,2009, there was a large crowd outside the Club. There were
reports of multiple gun shots on or near the premises. Two Club patrons were wounded.
One Club patron was shot in the leg; another Club patron was shot in the back.
(b)
On July 5,2009, there was a disorder in the parking lot at the Club. A very
Iarge crowd of teenagers were throwing fireworks and getting into fights. One firework
started a small fire. Fireworks were shot at the responding police officers. Gun shots were
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fired by the patrons in the crowd. One Club patron was shot in the upper torso. A nearby
residential building was struck by a bullet. Other property damage occurred from this
event to adjoining property owners in the downtown area.
(c)
On September 2g,2OOg, there was a disorder at the Club when several
groups of Club patrons departed the Club and formed a large crowd that blocked traffic.
Some patrons carried open containers
of alcohol. Groups of patrons were fighting.
Patrons threw bottles at passing traffic. Police were required to respond to the disorder
with approximately ten (10) units and it took at least 30 minutes for the crowd to
be
dispersed and normal traffic flow to be restored. One Club patron was arrested.
1
3. ln 2009, the piaintiff s Mayor and Police Chief along with the District
Attorney
General's Office met with defendant Reid to discuss the disorders occurring on the Club by
large, unruly and disorderly crowds on the subject premises and as the patrons exited the
premises. The
measures
plaintiff and defendant Reid reached an agreement that defendant Reid wouid take
for enhanced security to control the large, disorderly and unruly crowds who were
invited to the premises by advertising techniques of defendants.
14.
Despite defendant Reid's agreement in 20A9 to take steps to gain better control of
the activities on the subject premises to prevent the outbreak of violent incidents, defendant Reid
has failed and refused, and continues
to fail and refuse, to comply with official demands to
provide better security and monitor the actions of patrons at this Club to avoid violent events.
15.
In 2010, there were two (2) alleged assaults on the premises and a large disorderiy
and unruly crowd of patrons on multiple occasions at the premises in 2010. The incidents
reported to the Chattanooga Police Department were:
(a)
On January 70,2010, as a Club patron was leaving the Club the patron
was assaulted by a group of patrons. The victim was punched, scratched and had hair
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pulled out.
(b)
On May 15,2010 a large disorderly crowd engaged in fights, disorder and
breaches of the peace. The patrons had been observed exiting the Club. The unruly crowd
was fighting, or attempting to fight, on public right of ways and a private property
parking
lot. All availabie police cars in the area were dispatched to control the crowd
that was exiting the subject premises. It took the Department approximately thirty (30)
minutes to disperse the crowd.
(c)
On July 10,2010, there was a report of a male Club patron who had been
assaulted while on the subject premises. The patron has been punch
required medical attention.
in the face and
16.
During 2011. there were three (3) assaults on the premises. The incidents reporled
to the Chattanooga Poiice Department were:
(a)
On January 1 6,201 1, a Club patron u'as involved in a verbal disorder with
three other patrons. The first patron was assaulted by the others.
(b)
On December 10,2017, a Club patron alleged he was assaulted by three
(3) persons on the subject premises. One (1) male was affested for simple assault on the
victim.
(c)
On December 25,2011, alarge crowd estimated to be approximately four
hundred (400) juveniles and adults were engaged in unruly and disorderly conduct and
breaches of the peace inside and outside the
Club. Nine (9) victims were wounded by
gunshots aimed with reckless disregard and endangerment at patrons, citizens and law
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enforcement officers in violation of T.C.A. $ 39-13-103.
17. A narrative of the Chattanooga Police Department's reports for ail of these
incidents since 2006 is attached as Exhibit "B".
18.
Since the large disorder on Christmas eve 2011, Defendants Reid and Fathom
have announced Fathom is holding a New Year's Eve Party at the premises beginning at 8:00
p.m. on December 37,201 1, for which defendants intend to charge $5.00 and have encouraged
participants to "B.Y.O.B" (Bring Your Own Bottle) or bring their own alcoholic beverages to
consume with "other provided refreshments" despite defendants' lack of the appropriate alcohol
permits and in violation of Chattanooga City Code gover-ning alcoholic beverages. A Facebook
invitation to this event is attached as Exhibit "C".
19.
Upon information and belief, the plaintiff avers defendants Reid and Fathom have
previousiy invited alleged "criminal gangs" and "criminal gang members" as defined by T.C.A.
8 40-3 5-121 and intends
to invite the same or similar patrons to the subject premises for the New
Years Eve event on December
3
1
, 2011, without adequale security and control of its premises
such that further breaches of the peace, disorders and violations of T.C.A. S 39-13-103 and other
appiicable criminal and municipal laws may occur.
20.
That defendants Reid, Fathom and Henry have shown and demonstrated that they
have an inabiiity to use or operate the subject premises in an orderly manner in compliance with
laws of the State of Tennessee and the City of Chattanooga.
21.
That defendants Reid, Fathom and Henry have hosted or allowed events that lead
to violent incidents that endanger the health, safety and welfare of the public.
22.
That defendants Reid and Fathom's use of the subject premises which has allowed
multiple breaches of the peace and violent acts by large crowds invited to attend unsupervised
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events constitute a public nuisance that should be abated and enjoined by this Court.
23.
defendants
The plaintiff, upon information and belief, Plaintiff has determined that the
will continue to operate its premises in a manner in violation of T.C.A.
$ 29-3-101(2)
on grounds that the defendants allow quarreling, drunkenness, fighting and breaches of the peace
involving weapons including knives and firearrns.
24.
Upon information and belief, the plaintiff further avers defendant Reid alleges the
premises are used as a "Teen Club" or a church.
25.
The plaintiff regulates teen clubs pursuant to City Code $ 11-450 through 11-455.
The City's Code requires that abusiness license be issued to operate a "Teen Club." Defendant
Reid does not have license from the City to operate a "Teen Club" at this time and should be
prohibited from using the premises as a "Teen Club" without a license issued by the plaintiff.
26.
That the plaintiff
will suffer irreparable harm if relief is not granted.
CAUSES OF ACTION
27.
if
Plaintiff repeats the allegations of Paragrapirs One (1) through Twenty-six (26)
as
set forth at iength here.
28.
That the Court should immediately temporarily and permanently enjoin
the
defendants' use of the subject premises on December 31, 201 1 and any other occasion to create a
public nuisance for the public, in particular business occupants and residents in or near
4l)
Market Street in violation T.C.A. $ 29-3-101(2) and other applicable laws as contemplated by
T.C.A. $ 29-3-110. Any injunctive remedy should be provided in accordance with Rule 65 of
the Tennessee Rules of Civil Procedure and Tennessee state law.
29.
That the defendants should be immediateiy be temporarily enjoined from using
the subject premises as a "teen club" without a license iri violation
of
City Code $$
11-450
rtuough 11-455 as contemplated by T.C.A. $ 29-3-110. This injunctive reiief should be made
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into a permanent injunction in accordance with Rule 65 of the Tennessee Rules of Cit'il
Procedure with safeguards of proper licensure, proper security and oversight of this premises
imposed by appropriate court order which
will
prevent future violent breaches of peace and
injuries to patrons and the generat public from occurring due to advertised events at this location.
30.
Pursuant to T.C.A. $ 29-3-106 and Rule 65.03, this Court may issue a temporary
restraining order without written or oral notice to the adverse party
if specific facts in the verified
complaint cieariy show that immediate and irreparable injury, loss, or damage will result to the
applicant before the adverse party can be heard
certifies in writing efforts made
in opposition; and the applicant's
to give notice and the reasons why it
attorney
should be required.
Currently T.C.A. $ 29-3-106(c) has been amended in public nuisance actions to allow this Court
to grant a temporary writ ex pafte and conduct a hearing closing and padiocking the premlses
within five (5) days. Plaintiff s counsel has attempted to contact Tim Reid prior to this hearing.
WHEREFORE, plaintiff demands judgment against defendants, as follows:
1.
That the Court issue process in this matter and Order the defendants and the
defendant's agents and employees,
to
appear and Show Cause why they should not be
temporarily and pernanently restrained, from allowing quarreling, drunkenness, fighting and
breaches
of the peace involving quarreling, drunkenness, fighting and other breaches of
peace from occurring on December 31,
20ll
the
and any occasion on the subject property in
violation of the laws of the State of Tennessee.
2.
That the Court immediately grant a Temporary Restraining Order pursuant to
Rule 65.03 against any continuing operations at the subject premises located at 472 Market
Street and that the structure shall be secured and not used by any Defendant or any third party on
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December 31 , 2011 or on any other occasion to create a nuisance as contemplated by T.C.A.
$
29-3-1t0.
3.ThattheCourtsetahearinginthiscaSetobeheardo.,
201
I u, t: OO
c\m. and issue a Show Cause Order to the defendants requiring them to
appear and Show Cause why a Temporary Restraining Order as contemplated by T.C.A. S 29-31
10 shouid not be issued.
4.
That the Court grant such other and fuither general relief including permanent
injunctive reiief pursuant to Rule 65.04 as it deems to be just and equitable.
5.
That the plaintiff
6.
That an injunction bond is not required as contemplated by T.C.A. $ 29-3-104.
will suffer irreparable harm if injunctive relief is not granted.
7.
That a pennanent injunction be issued to enjoin the defendants from using their
premises or allowing any future incidents
of violence, quareling, drunkenness, fighting
breaches of the peace on its property.
8.
For plaintiffs costs of this action; and
g.
For such other and further relief that the court deems just and proper.
THIS IS THE FIRST APPLICATION FOR EXTRAORDINARY RELIEF.
Respectfully Submitted,
CITY OF CHATTANOOGA, TENNESSEE
MICHAEL A. MCMAHAN, CITY ATTORNEY
PHILLP AdXOELETT - BPR
#IOO74
Deputy City Attorney
KENNETH O. FzuTZ - BPR #10960
KEITH J. REISMAN - BPR # 18220
As sistant City Attorneys
100 E. 11th Street, Suite 200
Chattanoog&, TN 37402
(423) 643 -8250 (telephone)
(423) 643 -8255 (facsimile)
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10
and
STATE OF TENNESSEE
COLINTY OF HAMILTON
I, Ron Littlefield, after first being duly sworn, do hereby make solemn
statements contained
in the foregoing Complaint
are true to the best
oath that the
of my knowledge,
information and betief; that to my knowledge the defendant is not a member of the armed forces
of the United States of America; that said Complaint is not made out of levity or in collusion
with the defendant, but in sincerity and truth for the causes mentioned and contained in
Complaint.
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IL
7"E'.
_
day of December,2}ll.
NOTARYTPUBLIC AT LARGE
My Commission Expires: Afc:
J [s, 2 of 3
said
STATE OF TENNESSEE
COLNTY OF HAMILTON
)
)
)
I, Chief Bobby Dodd, after first being duly sworn. do hereby make solemn oath that the
statements contained
in the foregoing Complaint
are true to the best
of my knowledge,
information and belief; that to my knowledge the defendant is not a member of the armed forces
of the United States of America; that said Complaint is not made out of levity or in collusion
with the defendant, but in sincerity and truth for the causes mentioned and contained in
Complaint.
?G--lJ
CHIEF BOBBY DODD
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said