The City Council took two votes on the cyber cafe, one denying the special permit and one in favor.
Triple Sevens Cyber Center at the Five Town Plaza on Cooley Street.SPRINGFIELD – A local business has filed suit in Superior Court against the City Council and city clerk, seeking to overturn a denied special permit for a cyber cafe on Cooley Street.
The business, known as Triple Sevens Cyber Center, filed the appeal in Hampden Superior Court this week, saying that a city decision, dated June 20, that denies the special permit, “unreasonably, unlawfully, unduly and/or arbitrarily and capriciously interferes with, diminishes and prevents plaintiff’s lawful business.”
Triple Sevens is seeking the permit for a cyber cafe consisting of 30 computer stations, in which customers would pay for Internet access. Under the business, both customers and non-customers would be able to enter a sweepstakes with prizes, according to the filed appeal.
The special permit was initially denied by the council in May, failing by one vote to meet a two-thirds majority, but passed on a reconsideration vote in June.
City Clerk Wayman Lee, however, issued a denial of the permit on June 20, citing advice from the Law Department that questioned the legality and validity of the reconsideration vote. Under state law, there is a two-year moratorium on considering a permit application once it has been denied, City Solicitor Edward M. Pikula said.
Edward M. PikulaThe business has been able to operate with up to five computers without a permit.
Richard J. Maggi, a lawyer for Triple Sevens and its manager, Jennifer Burritt, said he is seeking to vacate Lee’s action, and to affirm the council’s June vote in favor of the permit.
The council never took “final action” in May because Councilor Timothy J. Rooke immediately made a motion for reconsideration permitted by council rules, Maggi said.
Pikula said the city will prepare a response to the appeal.
The business can file a new application for a special permit that could contain conditions that were not included in its original application, Pikula said.
Maggi said there is no intent to file a new application because the business contends it has already won approval by the 10-3 vote in June.
Timothy J. RookeRooke said he filed a “corrected” decision in favor of the permit last month on his belief that Lee overstepped his authority.
The Outer Belt Civic Association, which opposed the special permit, has stated it will consider legal action if the permit is issued. The association has raised concerns about gambling and the impact the business would have on the neighborhood.
State Attorney General Martha Coakley recently issued a permanent regulation that bans illegal gambling at cyber cafes.
However, the business has repeatedly stated that there is no illegal gambling. While there are cash prizes, both patrons and non-customers have access to the sweepstakes, making it legal, the appeal states.
In addition, the business has stated there would be no harm to the neighborhood.