The changing face of Gallery Night
- May 8, 2015
- / Mike Ensley
- / community-dashboard
The third Friday of every month, more than 10,000 people descend on a closed Palafox Street and the surrounding area to dine, listen to live music, discover art and drink.
Gallery Night, which began in 1991 as a way to highlight art galleries in downtown a few times a year, has become a monthly street party that some say left its artistic roots behind.
Now, the longtime event is facing more change based on a recent vote by the Downtown Improvement Board, the entity that oversees it, regarding liquor sales on the big night.
It's a change that is not sitting well with many on Palafox.
In a meeting on April 28, the Downtown Improvement Board voted to limit alcohol sales to beer and wine only at sidewalk bars for the May 22 Gallery Night. Attendees would need to go inside the businesses to purchase liquor.
Downtown bar and restaurant owners not only are upset with the DIB for making the decision, but also because they did it without input from those it affects the most, as there was no agenda or notification that the vote was being taken.
“We felt shut out of the process,” said Joe Abston, owner of Hopjacks and The Tin Cow and the recently appointed spokesperson for the downtown bar & restaurants on Palafox Street. “We believe the DIB has no authority in this issue.”
After learning of the vote, bar and restaurant owners met to discuss a game plan for their response.
“We gathered everyone together to take the temperature of where we all stood,” Abston said. “We really wanted to take a look at Gallery Night as a whole and what it means to our businesses and to downtown.”
The group drafted a letter to Tamara Fountain, chief operations officer for the City of Pensacola, asking for help from the city attorney and clarification on whether the DIB had the authority to act.
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The letter read:
By and through the press, the bars and restaurants on Palafox were advised of the Downtown Improvement Board (DIB)’s recent vote to restrict outdoor alcohol sales to beer and wine at the May 22 Gallery Night. It was unfortunate that the public and interested parties were not provided proper notice as the item was on the agenda as a discussion item and not one for action.
Nevertheless, we are requesting a written legal opinion from the City Attorney of the rights and obligations of the parties, written notification of the Mayor’s position and a opportunity to have public city notice workshops with the Mayor, City Council, DIB, downtown business owners and the general public. We are more than willing to discuss opportunities to increase the value of one’s experience at Gallery Night.
However any changes to the City’s special event ordinance and policies would affect other organizations such as Seafood Festival, Mardi Gras.
Since this will take some time to develop, we are hopeful that the City and DIB will make no changes to Gallery Night in the near future.
Sincerely,
Joe Abston
Spokesperson
Downtown Bar & Restaurants on Palafox
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The DIB’s Executive Director Rob Butlin says that getting the input of the bars and restaurants was always part of making the final decision.
“There was a misstep on our part (in having the vote before consulting everyone) and my sense is that this just escalated into an ‘us vs. them’ situation,” Butlin said. “The board fully intended to take this to the members before we took any action.”
Butlin says that the DIB, as the sponsor of the event, believes it can decide whether sales are permitted.
“Our understanding is that operating as a ‘Specialty Center’ under the law, the same ordinance that allows people to walk around with alcohol gives us the ability to decide if licensed bars and restaurants can sell on the sidewalks in front of their businesses,” Butlin says.
City Attorney Lysia Bowling reached a different conclusion.
“The Downtown Improvement Board is not a regulating authority,” Fountain says. “There is a lot of misinformation and assumptions made out there that they are in control of the alcohol sales on the street.”
Bowling's legal opinion is that while the DIB can specify if alcohol sales are made, they can’t specify by whom or what type of alcohol can be sold.
“Operating under a special events permit, the DIB can say whether they want alcohol to be sold or not during their event,” Fountain said. “But they have no right to say where it can be sold. Only the City has the authority to say what happens in the right-of-way, sidewalk and streets.”
The change in policy is directly related to what Abston calls a “small minority” of downtown businesses who claim that Gallery Night has become unwieldy and out of control.
“There is a perception that Gallery Night has turned into a negative for downtown and that somehow liquor contributes to that,” Abston said. “It’s asinine and completely untrue.”