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Civil Rights: Other | Alabama Middle
Order
INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS. Signed by District Judge Bill Lewis on 8/20/2026. (CWL)
Memorandum Opinion and Order
MEMORANDUM OPINION AND ORDER: After careful review of the file and upon consideration of the Defendants' Motion to Dismiss, and the respective responses, (docs. 10 , 16 , 19 , 20 ), and for the reasons explained above, the court GRANTS IN PART AND DENIES IN PART the Defendant's motion and specifically ORDERS as follows: 1) The court GRANTS the Defendants' motion to the extent it DISMISSES FOR LACK OF STANDING all the Plaintiff's claims related to the City's denial of Tina Miller's and Adams Bar's 2023 application for a liquor license; 2) The court DENIES the Defendants' motion to the extent they request dismissal of the entire action for lack of standing. The court is satisfied that the Plaintiff has standing to challenge the enactment and enforcement of Ordinance No. No. 09-2023-09. To the extent the Counts in the Amended Complaint assert claims against the Defendants based on the enactment and enforcement of the Ordinance, those claims remain pending against the City of Geneva and Defendants David Hayes, Daniel L. Coleman, Mike Fountain, Rich Bixby, Ryan Tidwell, Kim Gillespie, and Freddy McCoy in their individual capacitates; 3) The court GRANTS the Defendants' motion to the extent it DISMISSES WITH PREJUDICE any official-capacity claims against Defendants David Hayes, Daniel L. Coleman, Mike Fountain, Rich Bixby, Ryan Tidwell, Kim Gillespie, and Freddy McCoy as redundant of the claims against the City of Geneva. 4) The court GRANTS Defendants' motion as to the Plaintiff's punitive damages demand against the City of Geneva and DISMISSES that demand WITH PREJUDICE. 5) The court DENIES the Defendants' motion to the extent it requests dismissal for failure to state a claim under Rule 12(b)(6). Signed by District Judge Bill Lewis on 8/17/2026. (CWL)
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