Fresno County judge halts sale of historic Tower Theatre to church — for now. Here’s why
A Tower District business looking for a restraining order to stop the sale of the Tower Theatre got its request granted Wednesday, halting the sale at least temporarily.
Sequoia Brewing owners J&A Mash and Barrel filed a complaint about two weeks ago through an attorney to ask the Fresno County Superior Court to intercede in the sale of the 81-year-old theater.
The case returns to court on March 17, according to Judge Rosemary T. McGuire. She said she intends to settle the matter that day.
The attorneys for Sequoia say the restaurant and bar’s lease requires the owners be notified at least 12 days before the theater and its surrounding structures are up for sale. They should also be offered the right of first refusal of the sale and to the purchase their building, the complaint says.
The Sequoia property is owned along with Tower Theatre and other buildings on parcel on Olive and Wishon avenues. Sequoia attorney Kimberly Mayhew said it remains unclear what the lawsuit could mean for the sale of the theater.
“We’ve gotten that question a lot. Our narrow focus has been to enforce our client’s legal contractual right,” she said. “We don’t know what effect that’s going to have on the overall sale.”
The building’s potential sale to Adventure Community Church has been fraught with controversy since the deal became public knowledge in January. The church informed the Tower Theatre’s owner they were interested in buying the property on Dec. 7, according to court records.
Sequoia’s lawyers also argue theater owner Laurence Abbate and the church have been in discussions since August.
Jeremy Smith and Allison Richtel-Smith bought Sequoia last summer, which included lease requirements dating back to 2017, according to their attorney. They allegedly were not notified of sales negotiations with Adventure Community Church within the time the lease requires.
In his legal briefing, David Camenson, the attorney for the owner of Tower Theatre, argued Sequoia does not have the right to refuse the sale. The owners rather have the right to purchase their property, he said in court records.
Camenson did not stop outside the courtroom to take questions, but said during the court hearing that granting Sequoia’s request set up a difficult precedent.
“For every possible sale, that would be the precedent and my client would never be able to sell,” he said.
The right for Sequoia owners to purchase the theater remains in place even if the theater is sold, Camenson argues, so the sale would not breach the contract.
Abbate sent a letter to Sequoia on Jan. 14, according to his attorney. That meets the requirements in the lease because the theater has not sold, Camenson argues.
Sequoia’s attorney said the letter also said the theater could be sold as soon as the next day, Jan. 15, the complaint says. That letter also came more than a week after the theater’s sale had begun to receive media coverage.
The theater’s sale was almost immediately opposed by businesses and residents of the Tower District, who have voiced fear it would affect the culture and spirit of the neighborhood known for bars, nightlife and its embrace of the LGBTQ+ community. The city has said the church cannot hold services in the theater under current zoning codes.
More than 2,100 people have signed an open letter opposing any potential rezone. Weekly demonstrations have been held on Sundays outside the theater for about two months.
The Save the Tower Theatre Legal Defense Fund has raised more than $40,000 to support the legal efforts of Sequoia, according to a new release. anything leftover after the lawsuit will be donated to the Tower District community through an endowment.
The money will be spent to support the Tower District, according to Tyler Mackey, executive director of the Tower District Marketing Committee.
“What we have seen is a people united around common purpose and willing to put their money where their beliefs are to see justice served for our businesses and our community,” he said in the release.
The 700-plus seat Tower Theatre 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.
This story was originally published February 24, 2021 at 5:04 PM.
