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Mark Fisher writes about restaurants, food and wine for the Dayton Daily News. If you have a news tip about a local restaurant, email Mark or call (937) 225-2258.

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Home > Blogs > Taste: Dayton food and restaurants > Archives > 2009 > October > 29 > Entry

Face to face, judge admonishes sports bar owner for ignoring order to close

By Mark Fisher | Thursday, October 29, 2009, 04:17 PM

The civil lawsuit filed against the owner of All Stars Sports & Wings in Kettering took a bit of a courtroom twist this afternoon, Oct. 29, when Montgomery County Common Pleas Judge Barbara Gorman admonished the sports bar’s owner, Todd Hicks, for apparently ignoring her temporary restraining order to shut down, and gave him until 5 p.m. today to comply.

All Star Sports & Wings “must be closed at five o’clock today” pending any future order allowing it to reopen, Gorman told Hicks. The sports bar “should have been closed on Oct. 22,” when Hicks first received notice of the temporary restraining order, but the judge told Hicks, “I’ll give you one hour and 40 minutes to do that.”

Attorney Cheryl Washington, who said she was hired today to represent Hicks, requested and received a postponement of a hearing to determine whether Hicks will be held in contempt of court for his actions since being served the restraining order. The hearing was rescheduled for Nov. 5.

All Stars Sports & Wings opened last month in the 4139 Wilmington Pike building that housed a Grindstone Charley’s restaurant until early 2008. The lawsuit against the sports bar and its owner was filed by 8-Ball & Wings, 4515 Salem Ave., Trotwood, a business Hicks owned before selling it to Theodore Somerset.

Hicks signed a “non-competition agreement” as part of the sale in which Hicks agreed he would not become involved with a competing sports bar “within a radius of 20 miles” of the sports bar on Salem Avenue.

The lawsuit contends that All-Sports “lies within 20 miles” of 8-Ball & Wings, and that the Trotwood sports bar has suffered a loss of revenue from “the diversion of customers from plaintiff’s business to defendant’s business” and by confusion over the 8-Ball & Wings trademark. The lawsuit alleges that Hicks and his new sports bar “designed their trademarks to resemble” 8-Ball’s trademarks.

Gorman’s temporary restraining order mandated that All Stars shut down “immediately,” but the plaintiffs contend the Kettering sports bar ignored the request and remained open for business despite the court order.

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