Live music can continue, for now, at Walworth County bar after hundreds pack hearing room for zoning battle

WALWORTH COUNTY, Wis. (CBS 58) -- On Thursday, March, 21, the Walworth County Zoning Authority voted to allow live music at Badger Bob's bar and grill for the time being.

Hundreds of people packed a hearing room and the hallway outside as the battle over how small businesses operate was waged.

A neighbor had raised concerns over parking and noise at a rural bar in the town of Richmond. That triggered a zoning discussion that some people feared would prevent most bars and restaurants in the county from offering live music.

The phrase at the center of the debate was "public assembly." Some argued if enough people gathered at a location, in this instance a bar, that public assembly would necessitate special permitting.

The hundreds of bar owners and supporters who showed up Thursday night argued a music crowd does not qualify as public assembly.

But an attorney for the people who live next door to the bar argued local ordinance does not allow for live music in outdoor spaces.

Bob Johnson is the owner of Badger Bob's. He told the zoning authority, "Please consider and look at the big picture, people. I'm not here to cause trouble."

David Lundberg is the neighbor who lives next door. When some in the crowd expressed their frustration with his concerns, he said, "You're not 70 feet from it. And you're not on the backside of the bar."

The discussion over local zoning morphed into a philosophical discussion about small business and local government oversight.

Christina Green, an attorney for Badger Bob's, said in a presentation to the zoning authority, "We're asking you as the decision makers, as elected appointed officials, as people who understand this, how far do you want to go to regulate how these business owners run their businesses?"

Hundreds of people crammed into the hearing room and hallway in support of Badger Bob's.

Brenda Austin has lived across the street from the bar for years. She said, "Never has it been an issue until now."

Dozens of people spoke in favor of the bar.

Scott Pohl is the co-owner of Mars Resort in Lake Geneva. He said, "When the vocal minority drives the county decisions, it's really a lot of trouble for every small business here."

Lundberg's initial complaint was about bar patrons parking on his property, and the noise coming from the bar. He said at times it shakes his house. "His band is only eight feet from my property. 70 feet from my house. And I can't read the newspaper, I can't watch the news."

Lundberg's attorney, Chad Pollard, told the zoning authority, "We understand that this is going to be a difficult and unpopular decision. But it's really quite clear that you can't have live outdoor music inside."

But ultimately, they allowed the music to continue for the next year while they debate how to better define the public assembly ordinance.