Louisville bar Baxter's 942 remains closed despite state ruling to reinstate liquor license

LOUISVILLE, Ky. (WDRB) -- A popular bar in the Highlands remains closed, and its owner said it's not because of what happened inside — but what happened outside on the street.

More than two months after the state ruled in favor of Baxter's 942 in its battle over its liquor license — and more than seven months since it closed temporarily — the bar on Bardstown Road is still in limbo, waiting for answers.

"The hearing officer, we had a whole trial in January. And on April 8, he entered an order saying Baxter's should get its license back. That they shouldn't be held responsible for third-party actions," Frank Mascagni, the bar's attorney, said.

In its ruling, the Kentucky Public Protection Cabinet ruled Brad Silveria, the director of Louisville Metro Alcoholic Beverage Control, "abused his discretion when he erroneously, unreasonably, and arbitrarily denied" the bar's liquor license renewal.

Metro ABC denied Baxter 942's liquor license renewal request, citing a pattern of violence in the area after two shootings happened outside the business.

Silveria said that the decision to deny the renewal was based on the recent violence and complaints from neighboring businesses and residents.

The bar has been closed temporarily ever since, appealing the denial of their license renewal requests. Baxter's 942 owner Kevin Strnatka called the denial "insulting," and said his business was not involved in any violence.

But Mascagni argued the business was being unfairly targeted and singled out for crimes that occurred outside of its premises, and appealed Louisville ABC's decision in Frankfort back in February.

The state ruled in favor of the bar April 8, recommending ABC reissue the bar its license. The city had 15 days after that date to file exceptions, then the full ABC state board would make a final decision.

But more than two months after that ruling, Baxter's said no one at the state level has responded to emails or phone calls.

Mascagni said it isn't just about alcohol, it's about a business losing money and a lack of transparency from regulators. But, he admits, there is no law that requires a decision to be made in a certain amount of time. He said the business is fighting to stay alive, waiting on a make or break decision.

"I've gone through all the books I can find. I've checked with local ABC. I've sent two emails to the commission, the commissioner and their lawyer. ... And I have received no response," he said. "I'll be glad to show you the email. It's not cryptic. 'This is Frank, you're holding our ruling up. We won 60 days ago. Could somebody give me the status, please?' No response. Send a second one, no response."

Mascagni said he's also tried reaching out to the state, but hasn't heard back. He said he believes the most recent order will be affirmed. But, even if it's rejected, they'll continue fighting.

Previous Coverage:

State rules in favor of Louisville bar Baxter's 942 in battle over liquor license renewal

Baxter's 942 battles to reopen after Louisville Metro ABC denies liquor license renewal

Baxter's 942 appeals liquor license denial, claims discrimination

Highlands nightclub Baxter's 942 denied renewal to serve alcohol by city of Louisville

Neighbors call for more safety measures amid violence surrounding Louisville's bar scene

Louisville judge denies request by Café 360 shooter to dismiss murder charge based on self-defense

2 dead, 1 injured following Sunday morning shooting on Baxter Avenue in the Highlands

Bardstown Road bar closes after months of investigations, complaints from residents