Philly Still Fighting With the Point Breeze Pop-Up Beer Garden

The city filed a notice of appeal in the case on Monday. Will it stay open? "Of course," says proprietor.

Two flyers about the pop-up were circulated  in the Point Breeze neighborhood last month, one from state Rep. Harrris’ office (left) and another from an anonymous critic of the establishment.

Two flyers about the pop-up were circulated in the Point Breeze neighborhood last month, one from state Rep. Harrris’ office (left) and another from an anonymous critic of the establishment.

Philadelphia’s Licenses & Inspections department isn’t backing down from its brawl with the Point Breeze pop-up beer garden.

The city government filed a notice of appeal Monday after a Common Pleas judge vacated L&I’s cease-and-desist order that had forced the establishment to shut down last week.

“It’s going to get ugly,” said John Longacre, proprietor of the pop-up. “I guess they have plenty of taxpayer money to continue to waste.”

Ann Pasquariello of the city’s law department declined to discuss the matter, saying, “The city does not comment on open litigation.”

L&I ordered the Point Breeze pop-up to be shut down last Wednesday because, officials said, it is not zoned to be used as a beer garden. Longacre insists that he did not need to apply for any zoning changes under the law, but nonetheless did so.

An attorney for Longacre filed an emergency motion in Philadelphia’s Court of Common Pleas, arguing that the city failed to give him due process. Judge Nina Wright Padilla agreed, and the beer garden reopened on Saturday. Longacre said this was “the busiest weekend we’ve ever had.”

Asked if the beer garden will continue to stay open, Longacre said, “Of course.”

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