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A lawsuit filed last year against Marietta Main Street regarding cups used in the designated outdoor refreshment area was dismissed this week.
The lawsuit also names former MMS executive director Cristie Thomas and the City of Marietta as defendants.
The plaintiff, Emanuel's LLC, owns and operates TLV Restaurant in downtown Marietta with Ari Gold listed as CEO. In the decision filed this week, Washington County Common Pleas Judge John Halliday noted the state of Ohio permitted municipalities to establish these designated areas. To participate, businesses must purchase "official cups" from Marietta Main Street, who was contracted by the city to sell the cups.
Halliday states in the decision that Emanuel's LLC decided to not purchase the cups, but they were permitted to purchase the cups and participate at any time. The lawsuit accuses the city of creating conditions to allow for a monopoly. It also claims Thomas defamed Gold by stating he accused her of vandalizing his property, which Gold denied.
This was one of several lawsuits recently filed against the City of Marietta by Gold and his attorney.