File Photo David Labes (also known as Ari Gold) spoke at Marietta College in 2017 when recognized as the 2017 Perry and Associates Entrepreneur of the Year for founding Emanuel’s Restaurant and Bakery at 286 Front St., in Marietta.

A downtown Marietta restaurant has engaged in two lawsuits seeking damages from multiple public officials and entities.

According to court records, the city of Marietta’s health department sanitarian and co-administrator Barb Bradley stands accused of abuse of her position “to interfere with the plaintiff’s business by utilizing nonexistent and/or false complaints and making damaging false statements.”

In that first May lawsuit, the city is also accused of failing to respond to accusations against Bradley over the course of two mayoral administrations (former Mayor Joe Matthews’ term concluding in 2019 and current Mayor Josh Schlicher’s term beginning in 2020).

According to that lawsuit, Bradley is accused of misapplying the tools of public health enforcement including inspections and the issuance or denial of health permits to operate a restaurant.

Bradley is also accused of threatening shutdowns and engaging with false information or falsifying information.

Photo by Janelle Patterson TLV, a Middle Eastern restaurant that opened in the former location of Emanuel’s Restaurant and Bakery at 286 Front. St, Marietta, in 2020, is the stage of a set of alleged complaints in two lawsuits filed by the building’s owner and wife.

The second lawsuit seeks not only damages but also injunctive relief and targets Marietta Main Street Executive Director Cristie Thomas, in addition to the nonprofit as a whole and the city, concerning the alleged exclusionary implementation of a designated outdoor refreshment area (DORA) program this month, it also describes alleged false statements concerning spray-painted swastikas.

The complainant’s attorney in both cases is Anne Labes, appearing to represent her husband David Labes, the named chief executive officer of Emanuel’s LLC in the first lawsuit and the 2017 Perry and Associates Entrepreneur of the Year for founding Emanuel’s Restaurant and Bakery at 286 Front St.

The second lawsuit, filed 24 days later also within Washington County Common Pleas Court, identifies the CEO of Emanuel’s LLC as Ari Gold.

NOTE: According to Ohio Secretary of State business filings, Emanuel’s LLC is not a registered business in the state of Ohio. Two limited-liability corporations are listed at the Front Street address — Solid Assets LLC registered under the agent David Labes, and Passin LLC registered under the agent Uri Passin, part-owner with his wife Ashleigh in the present restaurant TLV that opened in 2020 (see the Feb. 26, 2020 edition of the Times). According to West Virginia Secretary of State records, Emanuel’s LLC was incorporated in the Mountain State in July of 2017 with the registered address of 225 Seventh St., Parkersburg, under David Labes. Neither state recognizes an Ari Gold as an agent in any business filings as of review Tuesday.

The second lawsuit was delivered via certified mail to City Law Director Paul Bertram during his meeting with the Times on Monday.

Photo by Janelle Patterson Cristie Thomas, executive director of Marietta Main Street, provides public records Wednesday from her office in the Armory on Front Street.

Court records show certified mail to deliver the suit to Thomas was returned due to the use of a past address outside of city limits.

Bertram confirmed his legal counsel to both city elected- and appointed positions to refrain from comment on the cases Wednesday.

“The city of Marietta was served the complaint, it’s been referred to me and I’m evaluating and analyzing in preparation to answer in accordance with civil rules of procedure,” he said Wednesday.

Bertram has 28 days from the time of a civil complaint’s filing to respond.

“But I’m not going to wait the 28 days,” he added. “The complaint is difficult to follow … I’m going to try and have the answer completed by July 2, that will set forth pretty much what the city path is.”

Bertram said he does not anticipate the city representing Marietta Main Street in the second lawsuit.

Thomas noted Wednesday that legal counsel for the nonprofit and herself is expected to be shared, but that specific representation is to be determined. She also confirmed the suit was sent to an incorrect address.

In the second lawsuit, the city is accused of creating the conditions to allow for a monopoly and for stepping outside the bounds of state law to authorize a non-government entity to enforce the law.

No date as of Wednesday had been set for the request of a preliminary injunction which would in theory allow for TLV to utilize Emanuel’s liquor license within the DORA zone without the requirement to purchase plastic cups from Marietta Main Street.

See future editions of the Times for additional breakdowns of legal definitions shared within both cases.

Janelle Patterson may be reached at jpatterson@mariettatimes.com.