HUNTSVILLE, Ala. — The legal fight over the shuttered 708 Bar & Grille has escalated, as property owner Malcolm Gopher filed a series of emergency motions in Madison County Circuit Court, challenging the City of Huntsville’s continued padlocking of the establishment.
While the City wants a permanent shutdown of the North Huntsville bar — citing a history of public safety issues and missed legal deadlines—Gopher is now fighting for limited access and a clarification of the court’s existing orders.
Owner Claims “Overbroad” Exclusion
In filings submitted on Feb. 5, Gopher, representing himself pro se, argued that the total exclusion from his property at 708 Poplar Avenue is “overbroad” and causes “irreparable harm”.
Key requests made by Gopher include:
- Emergency Access: A request for a supervised, three-to-four-hour window to retrieve perishable inventory and take steps to preserve the property. Gopher stated in the filing that he is not seeking to reopen the bar or serve patrons at this time.
- Demand for Authority: A “Verified Demand” for the City to produce the specific court order or legal authority justifying the continued padlocking of the premises. Gopher claims he has not been provided with the operative injunction.
- Modification of Injunction: A motion to modify the current preliminary injunction to allow for less restrictive conditions, such as restricted hours or regular security inspections, rather than a total shutdown.
- Status Conference: A request for an expedited hearing to establish a formal case-management schedule and clarify how the injunction applies to him as the property owner.
City of Huntsville Pushes Back
The City of Huntsville responded quickly to Gopher’s new filings, asking the court to strike them from the record. City attorneys argued that because Gopher is already represented by legal counsel in the case, his self-filed (pro se) motions are improper…