FOR IMMEDIATE RELEASE
(New York, NY) –“Buck Foston’s,” the sports bar and restaurant concept that was derailed by New Brunswick city officials, will now be the subject of a federal trial on First Amendment rights. Larry Blatterfein, a New Jersey businessman, came up with the name and franchise opportunity as a playful twist on the New York-Boston sports rivalry. Blatterfein, a long-time New Brunswick tavern owner, had planned on opening the first Buck Foston’s in New Brunswick, New Jersey at the site of a former Bennigans, hoping it would help bring economic vitality back to the New Jersey city. However, the plans were scuttled because officials objected to his use of the name “Buck Foston’s,” and denied his request for a liquor license transfer, according to his allegations.
The matter attracted widespread attention when Blatterfein then sued the City of New Brunswick, its Mayor, James Cahill, and, City Council President Robert Recine for denying his constitutional rights.
The defendants sought to dismiss the claims in a motion for summary judgment, but a U.S. District Judge ruled that Blatterfein had presented enough evidence of improper conduct to warrant a trial. Blatterfein, through his attorneys at Manhattan law firm, Joshpe Law Group LLP, said, “I am pleased that I will have my day in court and look forward to presenting evidence of improper motivations that were obvious to me from the start. I, personally, not to mention the City of New Brunswick, suffered great economic harm because of the retaliatory acts of a few politicians.”
Blatterfein believes that his damages, between lost profits, direct losses, and attorneys’ fees, are several million dollars. Unless the parties settle, the case will move to trial, but no trial date has been set yet.