Minors barred from Huetter nightspot

The Grail has lost its fight to keep its restaurant endorsement – and a large number of its clientele – just days before one of the biggest party nights of the year.

Idaho State Police on Thursday pulled the Huetter nightspot’s restaurant endorsement, which means The Grail no longer will be open to anyone under the legal drinking age. Authorities said the order is effective immediately.

First District Judge John Luster signed an order Wednesday dismissing owner Lang Sumner’s civil suit against the ISP’s Bureau of Alcohol and Beverage Control. Luster also lifted an injunction that had been in place since the ISP tried to pull the restaurant endorsement earlier this year.

Sumner could not be reached for comment Thursday, but attorney Susan Weeks said an appeal has been filed.

Weeks said authorities have treated The Grail unfairly.

“There are restaurants and other facilities with liquor licenses with restaurant endorsements who do the same activities who haven’t had their restaurant endorsements removed,” Weeks said.

Sumner’s father, Larry, said Thursday he hadn’t heard that the restaurant endorsement had been pulled. He declined comment and said he was upset with an article that appeared in The Spokesman-Review earlier this month, describing it as “rude and crude.”

It was unclear if Larry Sumner was referring to the article’s references to the male dancers who performed at the establishment, its description of the club’s “Fantasy and Fetish” nights, or the accounts of other Grail events such as Jell-O wrestling.

Those sorts of special events were cited by authorities who argued The Grail is a bar, not a restaurant. Authorities said during the civil suit that other businesses with a restaurant endorsement on their liquor license – like Applebee’s and Chili’s – don’t have male revues, foam parties or a cover charge for underage customers.

Weeks said she brought up examples of similar businesses during the civil suit.

“There are a few facilities with restaurant endorsements here that have live music and dancing,” she said. “There’s one in Boise that The Grail is modeled after, which is The Big Easy.”

Weeks said she is asking in the appeal that the judge consider whether The Grail is being held to a different standard from similar licensees.

Authorities have complained The Grail attracts “gang-bangers” and troublemakers. An assault outside the club in 2003, which left one man dead, is often cited.

On Thursday, ISP Lt. Col. Kevin Johnson said the agency served The Grail notice before noon that same day. He said the order is effective immediately and The Grail must post on its front door that no one under 21 is allowed.

Johnson said Wednesday’s order was issued after a hearing officer ruled in the ISP’s favor.

“He agreed with us that it’s not a restaurant,” Johnson said.

Sumner didn’t appeal the hearing officer’s determination before it became final on Dec. 12, so the ISP asked Luster to dismiss Sumner’s case against the agency and remove the injunction that allowed The Grail to continue doing business with the 18- to 20-year-old crowd.

“It’s a long process we’ve worked hard on in the state for some time now,” Johnson said. “We’re just looking forward to continuing on with them as a bar that’s limited to 21 and over.”