Clayton, Georgia. Residents gathered to the Clayton City Council chambers on Monday night in favor of the Highroads Tasting Room, which has warned that it may have to close unless the city reexamines an ordinance that restricts tasting rooms to serving only Georgia wines by the glass. The chambers were packed to capacity.
The 2019 amendment to the ordinance has caused misunderstanding and criticism due to its application to Highroads.
The ordinance is being reviewed by us. Councilwoman Sarah Gillespie informed the audience that we would not be changing the decision today. That does not preclude changes to the ordinance. The way it was worded clearly contains some unclear terminology. You elected us to fulfill our duties and clarify things because of this. Please be patient with us, she begged, since we have been working on that for weeks. Please.
Gillespie stated that council members are trying to find a solution and expressed support for the business community.
Council punts without attorney
Tensions increased despite assurances when council members declined to talk about the specifics of the legislation since City Attorney Mitchell L. Baker, Jr. was not present.
The main issue is that we are not allowed to discuss it with outside counsel if we disagree with how we interpret our ordinances. Mayor Pro Tem Stacey Fountain clarified, “We need him here to lead us in that.”
Jabe Hilson, the owner of Highroads, pressed him: Where is he?
Fountain answered, “He’s on his way back from Atlanta.”
“That doesn’t help everybody here today, does it?” Hilson retorted. We won’t have the chance to do that [talk about the ordinance] for another month.
Fountain said, “Thank you, Jabe,” to terminate the conversation.
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Comment rules spark frustration
The imprecise public comment processes caused confusion and frustration among the audience members. Speaking time was restricted to one minute for those who did not sign up in advance, and five minutes for those who did. Although many people still wanted to speak, the council decided to adjourn early about 45 minutes into the meeting.
City Manager Trudy Crunkelton spoke to the assembly before it adjourned.
According to the lawyer, it’s okay if everyone shares their ideas and the reason they’re here. I think we all know what those thoughts are. On the other hand, we disagree. According to her, if we don’t believe we are interpreting it right, it becomes a legal issue.
“And, back there shaking your head, I’m telling you, our attorney says that [That] is why we are not saying more,” she continued, addressing a single member in the audience. She went on, clapping her fists for emphasis, “Because several of you got up and said, You’re reading it incorrectly.” You’re reading it incorrectly.
City manager, Hilson spar
Crunkelton then spoke directly to Hilson, mentioning a confidential meeting.
She said, “Jabe, you and I sat in my office and agreed how we interpreted it [the ordinance].”
Disagreeing with her description, Hilson cut in, saying, “Actually, I decided it was not prudent to argue.”
The audience cheered. Crunkelton gave a stern reply.
You can all cheer for him, and I would like to clarify that although I have been called out and blamed for this, that was not the topic of our talk while we were there in that room. You never stated, “I disagree with your interpretation,” even though there was no disagreement. That was not my interpretation, just so everyone in this room is aware. Before sending Hilson an email telling him that his business was not in compliance, I went to our attorney and asked him, “Am I understanding this correctly?”
Work session ends early
Council members verified that the lawyer will attend the 5 p.m. council meeting when asked if he would be available later. They took a fifteen-minute break after ending the work session early.
During the break, irate audience members spoke candidly with council members and with each other about what they perceived to be overtly unfriendly attitudes from certain local officials.People divide into smaller groups and talk about the meeting and the ordinance during the fifteen-minute break. (Habersham/Carly McCurry)
Equity and clarity
Hilson repeated his concerns at the podium when the meeting restarted. He drew attention to disparities in regional alcohol regulations.
You have no ordinance at all for wineries. It s only tasting rooms. You only have an ordinance for distilleries; you don’t have one for tasting rooms at distilleries. However, he added, “you have a distillery tasting room that operates within the city limits.”At a City of Clayton council meeting, councilwomen Althea Bleckley and Amanda Harrold pay close attention while taking notes. (Habersham/Carly McCurry)
The Highroads owner called on the city to apply the same standards to wineries that it uses for breweries and distilleries, noting that those businesses follow Georgia state codes for their operations.
Hilson described how the issue had affected his business and urged the council to consider granting a temporary variance. He asked that the variance allow Highroads to continue operating as it has until a formal ruling could be made.
Attorney Baker, now present, responded that no citations had been issued and the city had not threatened to pull the business s license
He added, And you don t have to respond to this, but it is my understanding that there were activities going on at this location that were blatantly violations of our alcohol ordinances, not related to the serving of non-Georgia wines. Other issues. Which precipitated the communication [Crunkelton s email].
When several audience members asked for specifics, Councilwoman Amanda Harrold said, This is a communication with us. Thank you.Clayton City Attorney Mitchell L. Baker Jr. discusses the ordinance with Jabe Hilson, as Mayor Pro Tem Stacey Fountain and Councilwoman Althea Bleckley look on. (Habersham/Carly McCurry)
Baker said to Hilson, You can respond to that if you want to. Or if you don t want to. I m not necessarily saying we need to engage in that. But just for everybody s knowledge, the communication was precipitated by activities that have nothing to do with why we are here today. It led to this discussion and expression of what the city s interpretation of the ordinance was, which led to Jabe, you coming and saying, If that is going to be the interpretation, then I would like you to consider changing the ordinance.
Attorney hints at violations
Although Baker admitted the alleged violations were unrelated to the ordinance, he made it clear that they influenced the city s response. He also made clear that a variance was unlikely.
I am in favor of clear ordinances that reflect the mores and beliefs of the citizens of Clayton he said, adding he believed the council supported that view.
Councilwoman Gillespie reiterated her desire to work with Hilson on a solution.Kimberly Lacey stood and declared, This is the United States of America, after being denied a chance to speak. (Habersham/Carly McCurry)
Protest moves outside
During public comments, several attendees praised Highroads as a key part of Clayton s community and culture. One man grew visibly emotional as he recalled visiting the establishment with his late father. Another described the business as a secret chamber of commerce that helps artists and entrepreneurs thrive.
The Mayor Pro Tem offered an opportunity for individuals to speak in opposition. No one did.
In one of the night s most dramatic moments, retired attorney Kimberly Lacey sought to present a constitutional law perspective on the ordinance. Fountain denied her request to speak. When she protested, he asked security to intervene. As Clayton Police Chief Andy Strait moved to remove her, Lacey announced she would speak on the courthouse lawn. Many in the audience followed her outside.Clayton Police Chief Andy Strait starts the process of removing Mrs. Kimberly Lacey as a means to enforce decorum expectations. (Carly McCurry/Now Habersham)A crowd gathers on the courthouse lawn to hear Kimberly Lacey present her constitutional law argument. (Carly McCurry/Now Habersham)Highroads supporters listen as retired lawyer Kimberly Lacey reads aloud her argument against the local ordinance on the Rabun County Courthouse lawn. (Carly McCurry/Now Habersham)
Gillespie offers apology and assurance
After the meeting, supporters gathered at Highroads to unwind. Gillespie joined them, reaffirming her support for a positive resolution.The downtown Clayton wine tasting room at the center of the controversy. (Carly McCurry/NowHabersham.com)
When someone mentioned the rudeness they felt during the meeting, Gillespie responded with an apology on behalf of those responsible.
Her visit offered a measure of relief to supporters, who ended the night cautiously optimistic that the local business could be preserved and civic harmony restored.
