Bar D.C. loses lawsuit against Trump and his hotel

Legal

A Washington Bar has been sheltered in his legal challenge to Goliath against what he calls unfair competition from President Donald Trump and his luxury hotel on Pennsylvania Avenue.

US District Court Judge Richard Leon on Monday dismissed the complaint lodged last year by the Cork Wine Bar, alleging that Trump was using his official position to increase Trump International Hotel sales, including foreign officials and embassies wishing to reconcile with the administration.

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However, Leon governed actions such as the use of the White House to promote a family business are part of the breaks in the free market and do not constitute a violation of the common law prohibition of unfair competition, even if they end up hurting competing companies like Cork.

"Unfortunately for Cork," competition is not a crime … ", he wrote," In order for Cork's allegations to result in legal action in this case, I would condemn a wide range of legitimate business behaviors … I would prevent all kinds of personalities – from pop singers to famous leaders to professional sportspeople – from taking stakes in the companies they promote, in fact, I would read the term "unfair" quite apart from "unfair competition." I can not do that!

Cork said that, according to Cork, the efforts of Trump and his hotel to capitalize on the "notoriety" of the president were "disgusting and unbecoming, not to say unethical".^th Street Bar and the restaurant had not claimed that Trump or his agents had taken direct action against the establishment, including blocking his entrance or trying to dissuade potential customers from organizing events in Cork.

Leon stated that his decision in the Trump case was made by a 1978 Circuit ruling that a tour guide company headed by Ellen Proxmire, wife of Senator William Proxmire (D-Wis.), Was not participating. to unfair competition by offering privileged access that other companies could not easily match. "This case is no different," wrote the judge.

Leon, nominated by President George W. Bush, declined to address a related legal issue, namely, whether, in becoming president, Trump was forced to relinquish the lease that allows the hotel to operate in and around of the federal property of the Old Post Office. building. Some argued that a provision of the lease prohibited any federal public servant from benefiting from this arrangement, but the General Services Administration concluded that nothing prevented Trump-controlled companies from continuing to operate their hotel.

Trump's attorney and his hotel, Eric Sitarchuk, declined to comment on Leon's decision.

Brad Moss, a lawyer from Cork, said his client was planning to appeal.

"We are disappointed that Judge Leon has considered a president taking advantage of his public duties as a legitimate conduct of business," said Moss, who has represented reporters, including POLITICO reporters, in communications with the government. press. "We are encouraged by the fact that Cork's reputation has never been challenged and that we are in a country that supports the rule of law and allows a small local business to challenge the President of the United States, the United States. optionally. We will continue to fight for the victims of the obvious corruption of the current government. "

The complaint, filed in March 2017, is just one of many Trump's complaints that his companies are illegally taking advantage of his presidency. Two of these cases – one brought by the state governments of Maryland and the District of Columbia and the other by almost 200 Democratic senators and members of the House of Commons – found a echo in court, although no decision has been made as to the commercial arrangements violate the constitutional prohibition of the Constitution.

Two other people brought to New York have been fired and are currently on appeal.