Des Moines files suit against Zora bar, owner Edwin Allen, claiming it is a 'public nuisance'

The city of Des Moines is suing Zora Bar & Rooftop and its owner Edwin Allen, claiming the multilevel bar, restaurant and nightclub on Ingersoll Avenue downtown has caused a "public nuisance."

The city filed the lawsuit Tuesday, two days after police officers responded to calls of shots fired outside the bar. The lawsuit says officers found shell casings and witnessed riots in Zora's parking lot in the early hours of the morning on July 9.

The lawsuit also cites previous incidents, including alleged riots in April and February, a reported assault in May and a witness report that the person's vehicle was shot at in the parking lot in early July. A man also died after being shot in the parking lot last November.

"The Des Moines Police Department has responded to approximately 54 calls for service related to Zora disturbing the peace and quiet. On several of those calls, sound-meter readings found Zora to be over the lawful limit and officers smelled marijuana," the lawsuit states.

The suit is being filed under a new public nuisance law the Iowa Legislature passed in June that gives district courts and local city councils greater ability to control establishments with liquor licenses. The law allows district courts to take remedial action to combat potential public nuisances, described as when anyone connected to a business with an alcohol license discharges a firearm or is involved in an assault or riot.

Businesses targeted by the public nuisance law could have their alcohol licenses temporarily revoked, or the entire business could be temporarily shut down.

"The city filed to abate the nuisance and has asked for such remedial action as the court deems reasonable to abate the nuisance," Des Moines City Manager Scott Sanders said in a statement about the lawsuit.

Allen, the bar's owner, requested a jury trial in a response filed Thursday. In an interview with the Des Moines Register, he said he planned to file a request for an injunction Monday to challenge the new law, which he claims subverts "due process."

He said the city's allegations against the bar are unfair because bar owners should not be held liable for public safety issues out of their control.

"(The city)'s blaming everybody but themselves and their lack of policing," Allen said.

Sgt. Paul Parizek, spokesman for the Des Moines Police Department, said the department has devoted many resources to the location because of continuing issues.

“Our awareness of the ongoing issues at Zora has prompted a considerable amount of focused patrols in the Woodland Heights neighborhood," he said in a statement. "In addition to assigning officers to monitor large crowds during concerts and other events, our officers have recovered multiple firearms and a variety of drugs during traffic stops of vehicles leaving the Zora property. The work done by our officers here is impressive, particularly as they balance the public safety needs of the rest of the residents that we serve."

Allen has faced a plethora of other legal troubles in the last year. In March, Allen was charged with allowing a minor into Zora, an allegation that the city repeated in its lawsuit.

Allen also faces a race-based employment discrimination lawsuit from a former employee who claims Allen reduced her hours because she was Black, and a lawsuit from a tenant who claims Allen sought to evict her when she refused to have sex with him.

Allen previously pleaded guilty in April to stalking in a case involving fellow bar owner Steve McFadden. According to court filings, Allen also pleaded guilty in February to disorderly conduct in an unrelated harassment case for using abusive and threatening language with family members of tenants in rental properties he owns.

Allen put Zora up for sale in March, asking $4 million for the 5,500-square-foot building at 2120 Ingersoll Ave., which is assessed at $1.5 million. County records at the time showed he had fallen more than $16,700 behind on its property taxes, which were due in September and in March. He also has twice increased the amount of a $2.9 million, 20-year loan from Community First Credit Union in Ottumwa on the Zora building, county records show.

Allen brought up the sale of the property in an interview with the Register, stating "I've got $4 million on the line. How much do police have on it? Nothing."

Francesca Block is a breaking news reporter at the Des Moines Register. Reach her at FBlock@registermedia.com or on Twitter at@francescablock3.

This article originally appeared on Des Moines Register: Des Moines files 'public nuisance' suit against Zora Bar & Rooftop