Fine Against The Windbreak Tossed By Judge, Finds City Ordinance “Vague”

FARGO, N.D. (KVRR) — East Central Judicial District Judge Cherie Clark has ruled against the City of Fargo and its ordinance about restrictions on obviously intoxicated or impaired people.

She calls the ordinance “unconstitutionally vague” and has reversed the City Commission’s decision from February to fine The Windbreak.

The order was signed by the judge last Friday.

Judge Clark wrote, “A Fargo City Commissioner expressed animosity towards the Windbreak,” and suggested harsher penalties be used than allowed by the ordinance.

The Windbreak had been fined twice by the city for overserving.

The second fine included a one-day suspension of it’s liquor license and a$1,000 fine.

Windbreak owner Chad Klimek in a statement said he is hoping to avoid being further targeted by the City “simply because of a perceived situation”.

The City of Fargo released a statement on the ruling stating, “The City is aware of the ruling, and the City Commission will be meeting with its legal counsel to discuss next steps.”

A Fargo Liquor Control Board meeting to look into a claim of overserving at Duffy’s was pulled from today’s agenda and postponed.