Public Access Counselor says Carmel violated state’s Open Door Law
Indiana’s Public Access Counselor last week ruled in an opinion that Carmel’s Board of Zoning Appeals violated state Open Door laws when denying the The GOAT Restaurant & Tavern a use variance to permit the business to operate in its current location.
Business owners Kevin and Megan Paul have since filed a renewed motion with the Hamilton County Superior Court requesting an immediate stay of the BZA’s decision. The opinion by the Public Access Counselor stated that the BZA violated the Open Door Law in taking final action without a public hearing. The Open Door Law states that government agencies like the Carmel BZA must hold official meetings of a governing body publicly, as citizens have a right to attend and record those meetings.
“We are pleased with the opinion given by the Public Accessor Counselor on our complaint,” said Kevin Paul. “At the end of the day, we just want to operate under the same rules as our neighboring businesses.”
The filed complaint by Paul to the Public Access Counselor noted the counsel for the BZA indicated that the board adopted their written findings by email sometime between May 12 and 14, rather than at a meeting open to the public.
“The BZA did not hold a public meeting on or between those dates, which bolsters Paul’s argument that the BZA – acting as a majority – adopted the findings without a public meeting,” the opinion reads.
This renewed motion for a stay of the BZA’s decision as a result of the Public Access Counselor’s opinion requests that The GOAT be permitted to immediately reopen after reviewing these findings.
“I hope this stay will allow us to open very soon and bring the hardworking employees of The GOAT Tavern back to work,” said Paul.