Fresno bar files injunction to halt sale of Tower Theatre to church. Here’s the latest
Fresno Tower District advocates said Friday a neighboring business of the Tower Theatre has filed a court injunction to stall the sale of the historic building to a church.
Sequoia Brewing co-owner Jeremy Smith is protesting the sale of Tower Theatre, arguing the deal goes against the terms of his lease, according to a news release. He has hired an attorney to file an injunction to halt the sale of the theater.
“We never expected to be in this situation, but are ready to defend our legal rights and the character and zoning of the Tower District,” he said. “The support of the community has reinforced our decision to go forward with our claim with confidence in an outcome that’s serves everyone’s best interest.”
Smith and his wife, Allison Richtel-Smith, bought Sequoia last summer, which included the lease requirements dating back to 2017, according to their attorney. They allegedly were not notified of negotiations with Adventure Community Church.
The lawyer representing Sequoia, Craig Meredith, said the theater’s owners are in breach of contract. “The complaint as filed today is the best factual case we know at this time,” he said. “Any other causes of action will be added as the information becomes available.”
The potential sale of Tower Theatre to Adventure Church has been controversial, leading to multiple threats of litigation.
Theater owner Laurence Abbate has not publicly commented on the sale, which has a reported price tag of $6.5 million. Reached by phone, Abbate’s attorney, Dave Camenson, said he wasn’t aware of the injunction.
“I have no information on there being filed any injunction,” he said.
Painted Table owner Jeromie Garza-Hansen announced a bid for the theater on Jan. 15 after the sale became public. He said he supports Sequoia’s effort.
“It’s a shame to see either of our business have to go through any of this, but we stand firm in our commitment to finding a fair solution,” he said on Friday.
Celebrities join opposition to sale
Tony Award-winner Audra McDonald made a public plea to save the Tower Theatre from being sold to the church. The Roosevelt High School graduate even kicked in $1,000 to “Save The Tower Theatre Legal Fund,” which is related to the injunction filed Friday.
More than $22,000 has come in toward the goal of $50,000.
Another actor from Fresno, Miranda Mayo, is listed as donating $2,200 to that fund. The Fools Collaborative also has a “Save Tower Fund” on its website.
Comedian Sarah Silverman also weighed in on Twitter, asking high profile celebrities Ellen DeGeneres, Chelsea Handler and Neil Patrick Harris if they could get involved. She pointed to Tower District’s historical support for the LGBTQ+ community and the potential conflict of setting up a church that touts its traditional beliefs.
The 700-plus seat Tower Theatre on Olive and Wishon avenues was the city’s first suburban cinema, built in 1939. It quickly became the landmark of what would become the Tower District, which is now known for its nightlife, artsy community and progressive politics.
Tower District residents and supporters have openly worried that rezoning and adding a church to the district would damper the nightlife and culture of the area.
The controversy has been public enough to draw in elected officials. Mayor Jerry Dyer offered the church a compromise after residents and business owners in the Tower District decried the potential sale.
Dyer wrote a letter to pastor Anthony Flores of Adventure Church, proposing the church use Fresno Memorial Auditorium on Fresno Street, and offering a deal in which the city would pay for upgrades to the building.
In exchange, the church would not buy the 81-year-old Tower Theatre. The agreement would cover utilities such as electricity, water, gas and sewer.
Adventure Church has said the church may choose litigation to settle the matter.
Protesters have demonstrated outside the theater every Sunday for more than a month.
This story was originally published February 12, 2021 at 3:17 PM.
