GUILD, Tenn. (WZTV) — A family-owned pizzeria and winery that won a court battle with the Tennessee Alcohol and Beverage Commission (ABC) is getting the attention of lawmakers statewide.
Despicable, illegal, deceitful, and pure trickery. These are the words a judge and lawmakers are using to describe the ABC’s tactics.
The Lookout Winery and Pizzeria. Family recipes, along with family sweat and blood, were used to build this little business in tiny Guild, Tenn. It’s perched just over Nickajack Lake right off I-24 on your way to Chattanooga.
The ABC wrote the Bordogna family a $5,000 ticket for selling to a minor.
The minor never spoke to anyone in the winery, the adult agent ordered the wine and paid for the wine, which the teenager later scooped up and walked out the door with it.
That is not how it is supposed to happen. The Bordogna family won its case against the ABC.
State senator Janice Bowling of Tullahoma told us, “I just was utterly flabbergasted, I was shocked, I was disappointed, I was disgusted.”
And that was before the latest development. Remember their judge who said the ABC broke its own laws in giving this citation to the Bordogna family?
“The state of Tennessee courts came back and said, ‘Hey, you were right. They did commit fraud. But we’re not going to pay you back.’ So they come in to perpetrate fraud. I have to defend myself If I lose. I paid their fees and mine. If I win. I have to pay my fees so they can go into any business. Decide let’s go mess with this guy. So, oh, you don’t want to pay the extortion fine of $5,000. Then guess what? Take us to court.” said Chuck Bordogna, co-owner of Lookout Winery.
The Bordognas spent $40,000 of retirement money winning this case. Let’s do the painful math.
They get the $5,000 ticket erased. The judge ruled that they did not get their $40,000 back. So they went to court and they lost $35,000 by winning.
“Oh, insult to injury, or injury to insult $35,000 for small business in my rural counties,” said Senator Bowling.
The Bordognas fought for their family business, but they knew they were up against something big when the state lawyer refused to drop the case, even after hearing the facts.
“The prosecutor should have never brought the case, because if she had done her job and looked at the statute, which says the young man has to ask for the booze and pay for it, did she even ask them that question?” said Bordogna.
Nashville State Representative John Ray Clemmons believes this might call for a change in the law so that from now on if the state loses, the state pays.
“ The last thing you want is the government having its thumb on small business owners in such a way that’s unfair to them. You know, we have regulations. We don’t want minors to be sold alcohol. So the regulations are absolutely necessary, but they need to be executed and carried out in a fair manner. And to the extent that it isn’t, there needs to be accountability for that. The state needs to be held accountable. And perhaps one way the state can be held accountable is by guaranteeing those attorney fees,” said Representative Clemmons.
The ABC told us after our first story that it would use this incident to “provide additional training”
We have more questions, but this time, the ABC isn’t answering.
We are not alone in asking these questions.
“ …and surely there is justice in this, and if we have to rewrite a law to make sure, but I hope we can find a way that is going to help this couple in particular,” Representative Clemmons adds. “Not just potentially future people down the road. I’m hoping that something happens that’s consequential enough that his practice will never take place again.”
We are still looking for those answers, we are not giving up that easily.
Here is the list of questions we are asking the ABC:
- Knowing the problems with the case, why did the ABC choose to prosecute the case?
- One of the ABC agents testified that they “never use a wire, they use an app, and the app never works,” at what point did the ABC decide to not use traditional recording devices for these types of sting operations?
- Where do the fines collected go? Does any of the citation money go toward ABC’s annual budget?
- Was the agent involved in this incident punished in any way? Was there any kind of corrective action taken?
- I understand that citations are rarely challenged. Do you know when was the last time the ABC was taken to court by an entity that was fined?
- Is there anything else you care to share in reaction to what happened at Lookout Winery? Will this type of “sting” be discouraged by the ABC?
For more reports like this from FOX 17 Investigates, click here.
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